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OUTLINES OF CIVICS 

BEING A SUPPLEMENT TO 

Bryce's "American Commonwealth," Abridged Edition 




•%^2^^^ 



OUTLINES OF CIVICS 

Being a Supplement to 
Bryce^s ^^ American Commonwealth^^ Abridged Edition 

FOR USE IN 

HIGH SCHOOLS AND COLLEGES 



BY 



FREDERICK H. CLARK 

HEAD OF HISTORY DEPARTMENT, LOWELL HIGH SCHOOL 
SAN FRANCISCO, CAL. 



Neirr gotlt 
THE MACMILLAN COMPANY 

LONDON: MACMILLAN & CO., Ltd. 
1899 

All rights reserved 







i 



.opyright; ifigg, 
By the MACMILLAN COMPANY. 

TW^O COPIES RECEIVED. 



COP 







J S. Gushing & Co. — Berwick & Smith 
Norwood Mass. U.S.A. 



INTRODUCTION 

There is great need — never so urgent as at this 
moment — that our public schools should afford more 
and better instruction in the true principles of democ- 
racy. A new and loftier ideal as to the aim and char- 
acter of such instruction must be set up. The very 
existence of the free public school, whether of primary, 
secondary, or university grade, is evidence that American 
sentiment recognizes the fact that the state must educate 
her children as a safeguard to herself. Yet it is remark- 
able that very small space, relatively to other studies in 
the curriculum, has hitherto been assigned to the study 
of history, civics, or civil government, — the subjects, of 
course, which are best fitted to give the youth some 
direct training for the duties of citizenship. Moreover, 
such instruction as has been given has commonly been 
of the poorest sort. Too often the teacher has at best 
but a vague conception of the nature or of the possibili- 
ties of the task he is undertaking. With few exceptions, 
text-books are radically defective. The discussion is 
meagre and fragmentary ; little effort is made to give 
adequate criticism or comparison ; and the proper appa- 
ratus to develop right methods is lacking. 

It is indeed high time that stronger meat were put 
before the pupils of the secondary school. In history, 
especially, the text-book maker and the teacher have 



Vi INTR on UCTION 

usually aimed quite too low. In the attempt to " sim- 
plify " they have written down or stooped to the sup- 
posed capacity of the pupil. Instead of putting the 
youth's faculties under a healthy strain, instead of lifting 
his thought to the highest possible level of attainment, 
the subject has been deliberately rendered juiceless and 
devoid of living interest, even when not made utterly 
distasteful. If this be a grave mistake in the historical 
field generally, it is positively inexcusable in civics and 
civil government. The boy or girl of high school age, 
particularly the American boy or girl, shows a surprising 
avidity and capacity in seeking and mastering the salient 
facts of contemporary pohtical and civic life. The youth 
who without guide or stimulus eagerly reads the political 
articles in the daily newspaper, and who enters with 
zeal into the issues of a presidential campaign, is capable 
of grappling with the same problems when systematically 
presented in the schoolroom. 

Again, if popular education is really to be the safe- 
guard of the Republic, it is absolutely necessary that 
instruction in the principles of democracy should be 
broad and free. There must be luminous comparison 
and fearless criticism. It is but a false and dangerous 
patriotism which is born of self-flattery and nourished on 
national conceit. It is a perilous love of country which 
is blind to the country's faults. In the schoolroom, it is 
true, the examination of our institutions and our political 
methods should be sympathetic; but it must be frank 
and true, if it is to make for a higher ideal of citizenship. 

It was a happy thought on the part of the pubHshers 
to prepare an abridged edition of Bryce's Common- 
wealth for use mainly in secondary schools. Bryce's 



INTR OD UC TION vii 

work has the two qualities already suggested as essential 
in a modern text-book. It presents a broad, critical, 
sympathetic examination of the plain facts of our national 
and local life, such as only the trained scholar and prac- 
tical statesman can give. To the American citizen it is 
emphatically an " epoch-making " book, for it has become 
a centre of influence for good in our political Hfe. We 
have instinctively deferred to the judgments of the wise 
observer who has looked at us from the outside, and in 
them the reformer and the honest thinker have found 
encouragement and support. Furthermore, the analysis 
of the book is so clear, the diction so pure and simple, 
and the style so interesting, that every page will appeal 
almost as readily to the comprehension of the young as 
it does to the mind of the experienced man of affairs. 

Yet to make the American Commonwealth in the high- 
est degree serviceable for school purposes, it was neces- 
sary that the text should be supplemented in two ways 
— it must have an historical setting, and it must be 
supplied with an efficient scientific apparatus. To pro- 
vide these aids has been the aim of Mr. Clark, and he 
has well performed his difficult labor. In the first place, 
he has perceived, as the experienced modern teacher 
must perceive, that it is the emphasis of the element of 
growth, of development, which has converted a task, too 
frequently as dry and repulsive as it is profidess to the 
pupil, into a living, fascinating study. A series of his- 
torical topics is therefore planned. These are wisely 
selected in such a way as to disclose to the student the 
social processes through which the existing local and 
central organizations have become what they are. In- 
deed, Mr. Clark's " Supplement " will appeal to the high 



vill INTR ODUC TION 

school and the college teacher, especially as an aid in the 
carrying out of the library and source methods. How 
very urgent is the need of seizing every opportunity to 
secure a reform in the prevailing methods of teaching 
history and civics in the secondary schools throughout 
the country, is too little appreciated by educators. A 
single fact is significant. Although at least one western 
state, Nebraska, had for several years distinguished her- 
self by successfully maintaining a teachers' organization 
for the purpose of promoting better historical methods, 
it was not until 1897 that, simultaneously on the opposite 
shores of the Republic, a similar movement was begun 
among the teachers of New England and California. 

Mr. Clark has skilfully carried out his design of sup- 
plying an efficient working method in various ways : by 
assigning interesting studies on the map ; by reprinting 
important documents, in full or in summary, and plan- 
ning work based upon them ; by copious and carefully 
selected historical references throughout the book ; and 
especially in the opportunities afforded for the study of 
state and local institutions, not only in theory, but also 
in their practical workings. The author has rendered 
a distinct service to society, for which every friend of 
the cause of civic education and social righteousness will 

be grateful. 

George Elliott Howard. 

Stanford University, 
June 27, 1899. 



SUGGESTIONS FOR USE 

A FEW words of general advice in regard to the use of 
this book may be offered here. It is planned to accom- 
pany Bryce's American Commonwealth in the hands of 
pupils as a text-book. It will, however, be found ser- 
viceable in the study of American institutions from any 
source whatever, inasmuch as all of the work, except the 
"Topics" upon the Bryce chapters, can be used with any 
text-book. 

Although this book has been prepared with particular 
reference to California, it will be found useful in any 
other state as well. With Bryce in the hands of pupils 
as a text-book, all the work outlined herein can be car- 
ried out anywhere in the Union. Outside of California 
the only modification needed will be that teachers supply 
the proper material from their own states, to take the 
place of the facts and summaries printed herein from 
California documents. 

This book takes for granted access to a library and the 
use of books. For the most valuable books in this line 
for a high school library teachers are referred to the lists 
given in Channing's Students' History of the United 
States, which should itself be the first book purchased. 
But an ever increasing degree of helpfulness in education 
is to be expected from public libraries. Take a copy of 
this book to the Ubrarian of your public library, and 

ix 



X SUGGESTIONS FOR USE 

obtain the library numbers for all the books referred to 
herein. Then have the pupils enter these numbers in 
their own books after each title in the reference lists. 
In this way the use of the library will be facilitated, and 
the hbrary and the school will be brought into closer 
cooperation. 

In the reference lists that follow, books are arranged 
so far as possible in the order of their adaptability to 
the use of high school pupils. In the specific references, 
Roman numerals following the title indicate the volume ; 
chapters or sections are designated by Roman numerals, 
lower case ; pages are indicated by Arabic numerals. 

If your public library is not a depository of govern- 
ment pubhcations, a little interest in this direction will be 
amply repaid in the acquisition of valuable material from 
both state and national documents. Congressmen and 
officials generally are glad to respond to requests from 
the schools. Constant effort is the price of progress in 
teaching, as it is everywhere. 

Frederick H. Clark. 
San Francisco, California, June, 1899. 



CONTENTS 

iNTRODUcnoN BY Dr. George Elliott Howard, page 

Professor of History in Stanford University . . . v 

Suggestions for Use ix 

PART I 

SURVEY OF THE UNITED STATES IN HISTORICAL 
ORIGIN AND TERRITORIAL GROWTH BY MEANS OF 
TOPICS AND REFERENCES 

CHAPTER I 

Region and Circumstances of Early Settlement 

1. Maps 2 

2. Brief accounts of early settlements ..... 2 

3. Extended histories of the colonies ..... 3 

4. Elements of colonial population ..... 4 

CHAPTER II 

Lines of Growth in Colonial Times 

1. Territory .......... 4 

2. Industry and trade .... ^ ... 5 

3. Culture and social progress . . . . , .6 

4. Political institutions 7 

CHAPTER III 

Formation of the Union 

1 . Instances of union and common action .... 9 

xi 



xii CONTENTS 

PAGE 

2. Plans of union . . . . . . . . ii 

3. Obstacles in the way of union 15 

4. English legislation after 1763 and its political effects in 

America . . . . . . . . .16 

5. Principles of the Revolution 19 

6. Independence and Union . . . . . . 23 

7. The Articles of Confederation and the history of the 

period 24 



PART II 

THE NATIONAL GOVERNMENT 

CHAPTER IV 

The Nation and its Federal Constitution 

I. The nation and the states, Bryce, ch. I . 

•2. The origin of the Constitution, Bryce, ch. II 

3. The constitutional convention 

4. Study of the Constitution 

5. Ratification of the Constitution 

6. Nature of the federal government, Bryce, ch. 

7. Territorial growth of the United States and 

states, Bryce, chs. XXXIV and LVIII 

8. The land system of the United States 

9. The territorial system, Bryce, ch. XLVI . 
10. Present unifying forces .... 

CHAPTER V 

The Executive Department 

1. The President, Bryce, ch. IV 55 

2. Presidential powers and duties, Bryce, ch. V . . • 5^ 

3. Observations on the presidency, Bryce, ch. VI • • 59 



• 




ZZ 


. 




33 


. 




34 






Zl 


. 




42 


Ill . 




46 


increase 


of 


47 
50 
52 
53 



CONTENTS xiii 



PAGE 



4. Why great men are not chosen, Bryce, ch, VII . . 59 

5. The Cabinet, Bryce, ch. VIII 60 

6. Organization and work of the executive departments . 61 

7. Topics for original investigation 72 



CHAPTER VI 

The Legislative Department 



1. The Senate, Bryce, chs. IX-XI 75 

2. The House of Representatives, Bryce, chs. XII, XIII . 77 

3. Congressional powers and methods, Bryce, chs. XIV-XVIII 82 

4. Illustrations of United States legislation .... 84 



CHAPTER VII 

The Legislature and the Executive 

1. The President and Congress, Bryce, chs. XIX, XX . . 86 

2. The English ministerial system 87 

CHAPTER VIII 

The Judicial Department 

1. The Federal Courts, Bryce, ch. XXI 88 

2. The courts and the Constitution, Bryce, ch. XXII . . 90 

3. The working of the courts, Bryce, ch. XXIII ... 90 

4. Noted federal decisions 9^ 

CHAPTER IX 

The Federal System 

1. Comparison of the American and English systems, Bryce, 

ch. XXIV 95 

2. The United States federal system, Bryce, chs. XXV, XXVI 95 



xiv CONTENTS 

PAGE 

3. Working relations of the national and state governments, 

Bryce, ch. XXVII 97 

4. Defects and merits of federalism, Bryce, chs. XXVIII, 

XXIX .98 

5. References on other federal states ..... 99 

CHAPTER X 

Development of the Constitution 

1. Amendment of the Constitution, Bryce, ch. XXX . . 99 

2. Development of the Constitution and its results, Bryce, 

chs. XXXI-XXXIII 100 



PART III 

THE STATE GOVERNMENTS 
CHAPTER XI 

The State and its Constitution 

1. Nature of the American state, Bryce, ch. XXXIV . . 105 

2. History of California ........ 106 

3. Organization of the states, Bryce, chs. XXX V-XXX VI . 114 

4. Constitution of California. References . . . • n? 

5. The Constitution and the people, Bryce, chs. XXXVII, 

XXXVIII 117 

6. History of various states. References . . . .119 

CHAPTER XII 

The State Legislature 

1. State governments : The legislature, Bryce, ch. XXXIX . 120 

2. Constitution of California, arts. Ill, IV . . . . 121 

3. Practical questions on the legislature . . . .123 



CONTENTS XV 

CHAPTER XIII 

The State Executive 

PAGE 

1. The state executive, Bryce, ch. XL 125 

2. Constitution of California, arts. V, VII-X, XII, XIII . 125 

3. Practical questions on the executive 1 26 

4. Duties of executive officers 129 

CHAPTER XIV 

The State Judiciary 

1. The state judiciary, Bryce, ch. XI J . . . . .138 

2. Constitution of California, art. VI . , . . -139 

3. Practical questions on the California judiciary . . •139 

CHAPTER XV 

State Politics 

1. State finance, Bryce, ch. XLII 140 

2. The vi^orking of state governments, Bryce, ch. XLIII . 142 

3. Remedies for the faults of state governments, Bryce, ch. 

XLIV 143 

4. State politics, Bryce, ch. XLV 144 



PART IV 
LOCAL INSTITUTIONS 

CHAPTER XVI 

The General System 

1. Local government, Bryce, ch. XLVII .... 146 

2. Observations on local government, Bryce, ch. XLVIII . 147 



xvi CONTENTS 

CHAPTER XVII 

The County 

PAGE 

1. Counties of California, 1 896-1 898 148 

2. Government of the county .150 

3. History and description of county government . . '177 

CHAPTER XVIII 
The Township and its Modifications 

1. The New England town and its history . . . .178 

2. The California school district 1 86 

3. The township in California 189 

CHAPTER XIX 

Municipalities 

1. General form of city government, Bryce, chs. XLIX-LI . 193 

2. History of municipal government . . . . •195 

3. City government in California ...... 196 

4. The government of San Francisco . . . . •199 



PART V 

HISTORY AND POLITICS 
CHAPTER XX 

History of Political Parties 

1. Political parties and their history, Bryce, ch. LII . . 204 

2. References on the history of political parties, together with 

some of the great questions that have divided them . 205 



CONTENTS 



XVll 



PAGE 

I. Political parties to 1830 . ... 205 

II. Interpretation of the Constitution . . . 208 

III. Alien and sedition acts and the Virginia and 

Kentucky Resolutions . . . . .211 

IV. Tariff and nullification, 1828-1832 . . . 212 
V. The Webster-Hayne debate, January, 1830 . 214 

VI. Topics discussed in Webster's speech of January 

26, 1830 215 

VII. Foreign policy . . . . . . .218 

VIII. Political parties from Jackson to the Civil War . 221 

IX. . United States banks ...... 224 

X. Tariff legislation to i860 225 

XI, Revenue system, 1 789-1860 .... 227 

XII. Slavery 228 

XIII. Political parties since the Civil War . . . 234 

XIV. The vi^ar tariffs and recent changes . . . 235 
XV. Revenue system since the Civil War . . . 236 

XVI. Legal -tender legislation 237 

XVII. Coinage legislation 238 

XVIII. Commerce ........ 239 

XIX. The army and national defence .... 239 

XX. The navy, old and new 239 



CHAPTER XXI 
Nominating Conventions, Bryce, chs. LIII, LIV 



. 240 



CHAPTER XXII 

Public Opinion, Bryce, chs. LV-LVII 



. 241 



INDEX 



243 



PART I 

SURVEY OF THE UNITED STATES IN 
HISTORICAL ORIGIN 

Topics for individual or class study with library refer- 
ences and some documentary material. In addition to 
the references given, see also throughout 

School Histories of the United States, 

and for further bibliographies : 

Channing and Hart. Guide to American history. 
Channing. Students' history of the United States. 
Gordy and Twitchell. Pathfinder in American history. 
Thwaites. Colonies, Notes at heads of chapters. 
Hart. Formation of the union. Notes at heads of 
chapters. 

Fisher. Colonial era, App. 

Davidson. Reference history of the United States. 

Winsor. Narrative and critical history of America. 



CHAPTER I 

THE REGION AND CIRCUMSTANCES OF EARLY 
SETTLEMENT 

Physical geography of the eastern side of the conti- 
nent ; natural entrances ; harbors ; facts in regard to soil, 
climate, and vegetation ; motives of settlers ; their plans, 
mistakes, and successes. 

B I 



THE REGION AND CIRCUMSTANCES 



1. Maps 

MacCoun. Historical geography of the United States. 
Hart. Epoch maps illustrating American history. 
Thwaites. Colonies. (Epochs of American history.) 
Maps. 

Labberton. New historical atlas — American history. 
Hinsdale. Old northwest, Maps iv-ix. 
Channing. Students' history of the United States. 

See also section 2, below. 



2. Brief Accounts of Early Settlements 

(Channing and Hart. Guide. \\ 97-123.) 

Thwaites. Colonies, chs. i, iii, iv, vi, ix. 

Fisher. Colonial era, chs. i, iv-x. Maps. 

Ludlow. War of American independence, 22-54. 
Maps. 

Doyle. United States, chs. iii-vi, x-xiv. Maps. 

Andrews. United States, 1 : 31-61, 103-109. Maps. 

Channing. Students' history of the United States, 
chs. ii, iii. 

Hinsdale. Old northwest, chs. vi, vii (record of land 
grants) . 

Smith. Romance of colonization, chs. ix-xiii. 

Willoughby. Government of the United States, ch. iv. 

Elliot. Debates, 1 : 22-42. 

Hart. American history told by contemporaries, I : 
pts. iii-vi (sources). 

Toner. Colonies of North America. (In Report 
American Historical Association, 1895 : 558-592.) 



OF EARLY SETTLEMENT 3 

See also histories of particular states, as the following 
of the American Commonwealth Series. 

Cooke. Virginia, pt. i. 

Browne. Maryland, chs. i-iv (proprietary rule). 
Johnston. Connecticut, chs. i-ix (charter govern- 
ment). 

Roberts. New York, vol. I (Dutch settlement). 

Other Special Works 

Fiske. Old Virginia and her neighbors. 
Fisher. Making of Pennsylvania. 
Lowell Institute lectures. Massachusetts and its early 
history. 

Northend. The Bay colony. 

Fiske. Beginnings of New England. 

Drake. Making of New England. 

Arber. Story of the Pilgrim Fathers, esp. 399, etc. 

Goodwin. Pilgrim repubUc. 

For reprints of colonial charters see : 

Preston. Documents illustrative of American history. 

Poore. Charters and constitutions. 

Porter. United States constitutional history. 

3. Extended Histories of the Colonies 

Eggleston. Beginners of a nation. 
Lodge. EngHsh colonies in America. 
Doyle. British colonies in America. 
Winsor. America^ III : chs. v^ viii-xiii ; IV : chs. 
viii, ix. 



4 LINES OF GROWTH 

Bancroft. United States. Last revision, vol. I. 
Hildreth. United States, vols. I, 11. 
Grahame. Colonial history of the United States, vol. I. 
Bryajit and Gay. Popular history, I : chs. xi-xxi. 

4. Elements of Colonial Population 

(Channing and Hart. Guide. § 145.) 

The various European nationalities represented in 
American settlement ; numbers of immigrants and distri- 
bution along the Atlantic seaboard. 

Lodge. English colonies in America. 

Channing. United States, 1-20. 

Montgomery. Student's American history, 143-145. 

Thwaites. Colonies, chs. v, viii, x. 

Sloane. French war and the revolution, 9, 15-19. 

Hart. Formation of the union, 3-5. 

Andrews. United States, 1 : 123-125. 

Fisher. Making of Pennsylvania. 

Fiske. Old Virginia and her neighbors, 



CHAPTER II 

LINES OF GROWTH IN COLONIAL TIMES 

(See also Extended Works, under Chapter I ; and Channing and Hart. 
Guide, ^^S 99, 108, 130.) 

1. Territory 

See maps as above, Chapter I, section i. 

Thwaites. Colonies, 282-284. 

Sloane. French war and the revolution, ch. iii. 



IN COLONIAL TIMES 5 

Channing. Students' history of the United States, ch. iv. 
Hart. Formation of the union, 2-3, 34-37. 
Hinsdale. Old northwest, esp. chs. v, viii. 
Parkman. Montcalm and Wolfe, H : 20-35. 
Winsor. Mississippi basin, ch. viii, etc. 
Roosevelt. Winning of the West, I (1769-1776). 
Fiske. Old Virginia and her neighbors, I : ch. xvii. 
Maps. 

2. Industry and Trade 

Sheldon-Barnes. American history, 125-130. 
Thwaites. Colonies, passim. 
Hart. Formation of the union, 18-19. 
Andrews. United States, 1 : 131. 
Montgomery. Student's American history, 150-153. 
Lecky. England in the eighteenth century, H : 8-21. 
Grahame. Colonial history, II : 90-108, 336-346. 
Pitkin. United States, 1 : 93-106. 
Scott. Constitutional liberty, ch. viii. 
Hart. American history told by contemporaries, pts. 
ii, iv (sources). 

Extended Works 

Weeden. Economic and social history of New Eng- 
land. 2 vols. 

Bruce. Economic history of Virginia. 2 vols. 

Beer. The commercial policy of England toward the 
American colonies. (In Columbia College Studies, III: 
No. 2.) 

Lord. Industrial experiments in the British colonies 
of North i\merica. (Johns Hopkins University Studies, 
extra vol. XVII.) 



6 LINES OF GROWTH 

3. Culture and Social Progress 

(Channing and Hart. Guide. ^ 148.) 

Fisher. Colonial era, ch. xxi (literature). 

Thwaites. Colonies, passim. 

Lodge. English colonies in America. 

Fiske. Old Virginia and her neighbors, II : ch. xiv. 

Hart. Formation of the union, 17-18. 

Channing. United States, 21-24. 

Channing. Students' history of the United States, 

143-147- 

Weeden. Economic and social history of New Eng- 
land, II : chs. xiv, xv, parts. 

Scott. Constitutional liberty, chs. v-vii. 

McMaster. People of the United States, I : ch. i. 

Montgomery. Student's American history, 153-160. 

Andrews. United States, 1 : 125-135. 

Bancroft. United States. Last revision, II : 389-407. 

Hart. American history told by contemporaries, II : 
pts. ii, iv (sources). 

Special Topics 

Earle. Sabbath in Puritan New England. 
Earle. Customs and fashions in old New England. 
Earle. Colonial days in old New York. 
Earle. Curious punishments of bygone days. 
Earle. Diary of Anna Green Winslow. 
Earle. Margaret Winthrop. 
Hallowell. Quaker invasion of Massachusetts. 
Ellis. Puritan age in Massachusetts. 
Scudder. Men and manners in America a hundred 
years ago. 



IN COLONIAL TIMES 7 

Bliss. Quaint Nantucket. 

Bliss. Colonial times on Buzzard's Bay. 

Bliss. Side glimpses from the colonial meeting-house. 

See also Hsts in Channing, Students' history of the 
United States, pp. 58 and 103, under "Illustrative 
material." 

Sheldon- Barnes. American history (supplementary 
reading lists). 

4. Political Institutions 

(Channing and Hart. Guide. § 147.) 

Channing. United States, 26-40. 
Channing. Students' history of the United States, chs. 
ii, iii, passim. 

Hart. Formation of the union, 5-1 7. 

Fisher. Evolution of the constitution, chs. ii, iii. 

Crane and Moses. Politics, chs. viii, ix. 

Hinsdale. American government, ch. ii. 

Stevens. Sources of the constitution, chs. i, iv. 

Schouler. Constitutional studies, 9-28. 

Morris. Half-hours with American history, 1 : 380- 

396- 

Frothingham. Rise of the repubhc, 13-28. 
Smith, Goldwin. United States, ch. i. 
Lecky. England in the eighteenth century, H : 1-8. 
Wilson. The state, 449-469. 

Special Topics 

Bishop. History of elections in the American colonies. 
(In Columbia College Studies, III : No. i.) 



8 LINES OF GROWTH IN COLONIAL TIMES 

Morey. Genesis of a written constitution. (In Annals 
of American Academy, 1 : 529-557.) 

Osgood. Classification of American colonial govern- 
ments. (In Report Amer. Hist. Assn., 1895 : 615-627.) 

Hazeltine. Appeals from colonial courts. (In Report 
Amer. Hist. Assn., 1894 : 299-350.) 

Hart. American history told by contemporaries, II : 
pt. iii. 

Poore. Charters and constitutions (copies of charters 
and grants) . 

Gather the results of the foregoing studies of Chapters 
I and II together in a written paper in the following form : 

TOPICAL REVIEW 

Beginnings of the American People 

Write briefly but comprehensively upon each of the 
following topics : 

1. The regions of early settlement. 

2. Elements of early population. 

3. The lines of territorial extension. 

4. Growth in industries and wealth. 

5. Culture and social progress. 

6. Political institutions. 

a. Of local government (towns and counties). 

b. The colonial governments (general form). 

Subjects for Essay Work 

1. Colonial life as a preparation for self-government. 

2. The value of the charters. 

3. Enghsh and French colonization compared. 



FORMATION OF THE UNION 9 

CHAPTER III 
FORMATION OF THE UNION 

1. Instances of Union and Common Action 

Frothingham. Rise of the republic, esp. chs. iii, iv. 
Hinsdale. American government, 69-71. 

See also narrative histories referred to in Chapter H, 
particularly for the record of colonial wars ; and, 
Bryant and Gay. Popular history, vols. I and II. 
Hildreth. United States, vol. II. 
Bancroft. United States. Last revision, vols. II, III. 

The New England Confederation 

This was formed in 1643 t)y the colonies of Massachu- 
setts, Plymouth, Connecticut, and New Haven in accord- 
ance with written articles drawn up by committees which 
met in Boston. The text of the articles is printed in, 

American history leaflets, No. 7. 

Hinsdale. American government, 424-430. 

Preston. Documents, 87-95. 

The title is "The Articles of Confederation between 
the Plantations under the Government of the Massachu- 
setts ; the Plantations under the Government of New 
Plymouth, the Plantations under the Government of 
Connecticut, and the Government of New Haven with the 
Plantations in Combination therewith." These parties 
"jointly and severally do by these presents agree and 
conclude that they all be and henceforth be called by 
the name of the United Colonies of New England." 
The organization of the confederation is determined in 



10 FORMATION OF THE UNION 

article 6, as follows : " It is also agreed, that for the 
managing and concluding of all affairs proper, and con- 
cerning the whole Confederation, two Commissioners 
shall be chosen by and out of each of these four Juris- 
dictions : namely, two for the Massachusetts, two for 
Plymouth, two for Connecticut, and two for New Haven, 
being all in Church-fellowship with us, which shall bring 
full power from their several General Courts respectively 
to hear, examine, weigh, and determine all affairs of our 
war, or peace, leagues, aids, charges, and numbers of men 
for war, division of spoils and whatsoever is gotten by 
conquest, receiving of more Confederates for Plantations 
into combination with any of the Confederates, and all 
things of like nature, which are the proper concomitants 
or consequents of such a Confederation for amity, offence, 
and defence : not intermeddling with the government of 
any of the Jurisdictions, which by the third article is pre- 
served entirely to themselves."^ Full provision is made 
for meetings at least once a year on the first Thursday in 
September, in rotation at Boston twice, Hartford, New 
Haven, and Plymouth, and for the transaction of business. 
The Confederation lasted till 1684. "The Acts of Com- 
missioners of the United Colonies of New England " may 
be found in Records of the Colony of New Plymouth, 
vols. IX, X. 

References on the New England Confederation 

(Channing and Hart. Guide. § 124.) 

Frothingham. Rise of the republic, ch. ii. 
Hildreth. United States, 1 : 285-288. 

1 Spelling has been modernized. 



FORMATION OF THE UNION II 

Hinsdale. American government, 424-430. 
Bancroft. United States. Last revision, 1 : 289-300. 
Channing. Students' history of the United States, 92-95. 
Fiske. Beginnings of New England, ch. iv. 

Questions. — What spirit is shown in the Confederation? 
Why was it not likely to be permanent? What is its his- 
torical significance? What right did the colonies have to 
enter it ? 

2. Plans of Union, 1643-1760 

List of Plans 

(From Carson. One Hundredth Anniversary of the Constitution, 

II : 439.) 

1643. New England confederation. 

1660. Charles II created a Council for Foreign Planta- 
tions. 

1667. Maryland invited Virginia to join with herself and 
New York in a treaty with the Seneca Indians, 
and in August a conference was held at Albany. 

1682. Culpepper, governor of Virginia, proposed that no 
colony should make war without the concur- 
rence of Virginia, and eight or ten years later 
Governor Nicholson advocated a federation. 

1684. Conference at Albany with the Five Nations, 
attended by delegates from Virginia, Mary- 
land, New York, and Massachusetts. 

1685-8. James II tried to annul all charters and bring 
all colonies between the Delaware and the St. 
Lawrence under the government of a council 
and Andros as captain-general. 

1689. Proposed in New England to renew the confeder- 
ation of 1643. 



12 FORMATION OF THE UNION 

1690. Massacre of Schenectady prompted the General 
Court of Massachusetts to invite New York, 
Virginia, Maryland, and all parts adjacent to 
Connecticut and New York to meet in a con- 
ference at New York. Meeting was held, and 
it was agreed to raise troops. 

1693. Governor Fletcher of New York, by order of the 

king, called a conference of the colonies at New 
York. Small attendance and nothing done. 

1694. Number of troops settled by the English govern- 

ment and Fletcher made commander. 

1696/7. Feb. 8. Unsatisfactory colonial relations 
prompted William Penn to present plan of 
union to the Lords of Trade. 

1696/7. Feb. 25. Lords of Trade (or Board of Trade) 
presented plan of union to the king, and the 
king appointed Richard, earl of Bellomont, cap- 
tain-general and governor of New York and ter- 
ritories depending thereon in America. 

1698. Plan of union submitted by Charles d'Avenant. 

1 70 1. Plans of Penn and d'Avenant criticised by a Vir- 
ginian, who also published a plan of his own. 

1 70 1. Robert Livingstone of New York submitted a plan 
to the Lords of Trade. 

1 72 1. Earl of Stairs proposed a plan for better govern- 
ment over " all the continent of West Indies." 

1 72 1. Lords of Trade submitted a plan on colonial affairs. 

1722. Daniel Coxe of New York published a plan in " A 

Description of the English Provinces of Caro- 
lina." 
1 75 1. Archibald Kennedy proposed a yearly meeting of 
commissioners for dealing with Indian affairs. 



FORMATION OF THE UNION 13 

1754. Franklin's plan offered at Albany conference. 
Franklin says that other plans were offered. 
Franklin's plan was submitted to a committee 
of the Massachusetts Assembly and to the Lords 
of Trade. 

1760. Dr. Samuel Johnson, president of King's College, 
New York, sent suggestions to the Archbishop 
of Canterbury, which were printed in the Lon- 
don Magazine. 

References on Plans 

American history leaflets. No. 14. 
Frothingham. Rise of the repubhc. 
Fisher. Evolution of the constitution, chs. vi, vii. 
Bancroft. Formation of the constitution, 1 : 6-10. 
Hart. Formation of the union, 28-30. 
Channing. United States, 38-39. 
Schouler. Constitutional studies, 70-78. 
Hinsdale. American government, 69-72. 

Questions. — What is the longest period of years without a 
record of some plan of union? What is the significance of 
the large number of plans ? Was the need of union recognized 
in England as well as in America? What seem to be the 
most prominent of the motives for colonial union? Would a 
general government have been an advantage ? 

Penn's Plan of Union 

This provided for a congress, composed of two dele- 
gates from each colony, to meet at least once in two 
years in the most central place. A King's commissioner 
was to preside, who, in case of war, was to be com- 
mander-in-chief. The congress was to settle all com- 



14 FORMATION OF THE UNION 

plaints between province and province, prevent injuries 
to commerce, and consider ways and means for the 
support of the union and safety of the provinces. 

Text of Penn's Plan 

Hinsdale. American government, 431-432. 
Preston. Documents, 146-147. 
American history leaflets. No. 14. 

References on Penn's Plan 

Frothingham. Rise of the republic, no. 

Bancroft. United States. Last revision, II : 74-75. 

Hildreth. United States, II : 198. 

Franklin's Plan of Union 

This provided for a general government by a president- 
general, appointed by the Crown, and a grand council 
of 48 members, appointed among the colonies in num- 
bers from 2 to 7, and chosen by the colonial legislatures. 
The council was to meet annually at some central place, 
as Philadelphia. The council and the president-general 
were to have power to make treaties with the Indians, to 
regulate trade with them, to buy land of them and con- 
trol new settlements, to raise and equip soldiers, build 
forts, and equip vessels for coast and river guard, to levy 
taxes, and to make all necessary laws for these purposes. 
All laws were to be as agreeable as might be to the laws 
of England, and were to be sent to the King in Council 
for approbation. 



FORMATION OF THE UNION 15 



Text of Franklin's Plan^ 

Preston. Documents, 1 71-187. 
Hinsdale. American government, 433-437. 
Sparks. Franklin's writings, IV : 200. 
Sparks. Life of Franklin, ch. x. 
Bigelow. Works of Franklin, II : 355. 
Old South leaflets, No. 9. 
American history leaflets. No. 14. 

Description of Franklin's Plan 

Bancroft. United States. Last revision, II : 387, 388. 
Hildreth. United States, II : 443. 
Frothingham. Rise of the republic, 136. 
Bryant and Gay. United States, III : 261. 

Questions. — What points are similar in Penn's plan and 
Franklin's? In what points is Franklin's plan the more per- 
fect? Was Franklin's plan well suited to the needs of the 
time? How did it happen that it was submitted to a confer- 
ence at Albany? The location of Albany? Why was the 
conference held at Albany? What was the reception of the 
Albany plan among the colonies? in England? Was a colo- 
nial union practicable under English auspices ? 

3. Obstacles in the Way of Union 

Channing. United States, 24-25. 
Andrews. United States, 1 : 157-158. 

1 On July 21, 1775, Franklin submitted a second plan of union for 
"The United Colonies of North America" to the Congress at Phila- 
delphia, which served as a suggestion for the Articles of Confederation. 
See American History Leaflets, No. 20, for the text of this plan; and 
Bancroft. United States, IV : 243, 244, for a summary. 



1 6 FORMATION OF THE UNION 

Grahame. Colonial history of the United States, 
II: 347. 

4. English Legislation after 1763, and its Political 
Effects in America 

(Channing and Hart. Guide. §§134,135.) 

Brief Accounts 

Hart. Formation of the union, ch. iii. 

Channing. United States, ch. ii. 

Channing. Students' history of the United States, 
ch, iv. 

Hosmer. Anglo-Saxon freedom, ch. xiii. 

Sloane. French war and revolution, chs. x-xiv. 

Winsor. America, VI : ch. i. 

Morris. Half-hours with American history, 1 : 399-444. 

Bryant and Gay. United States, III : chs. xiii, xiv. 

Lodge. English colonies in America, ch. xxiii. 

Fiske. Critical period, ch. ii. 

Fiske. American revolution, I : ch. i. 

Young. American statesmen, ch. ii. 

Willoughby. Government of the United States, ch. v. 

Ludlow. American independence, ch. iii. 

Hart. American history told by contemporaries, II : 
chs. xxi, xxiii-xxv (sources). 

American history leaflets. No. 19 (Navigation Acts) ; 
No. 21 (The Stamp Act). 

Extended Discussion 

Frothingham. Rise of the repubhc, chs. v-ix. 
Hildreth. United States, II : chs. xxviii, xxix. 
Bancroft. United States. Last revision, vol. III. 



FORMATION OF THE UNION \J 

Hamilton. United States, I : chs. i-iii. 
Scott. Constitutional liberty, chs. ix-xi. 
Pitkin. United States, I : chs. vi-viii. 
Grahame. Colonial history, II : bk. xi. 
Lecky. England in the eighteenth century, III : ch. xii. 
Sparks. Life of Frankhn, chs. iv-viii. 
Force. American archives. III Series (documents, 
both EngHsh and American, for the period, 1763-17 74). 

Questions. — What was the purpose of the English legis- 
lation? Was it unfriendly to America? Make a chronological 
outline of the Acts of Parliament touching America, 1763- 
1775. Also one of the measures for defence on the part of the 
Americans. 

The Non-Importation Agreement 

The Townshend revenue acts of 1767 were followed 
immediately by agreements among Americans not to 
import or purchase merchandise from England. The 
agreement adopted by the Boston town-meeting is given 
as follows in Sheldon-Barnes' American History, 139 : 

" We therefore the Subscribers, . . . Do promise and 
engage that we will not . . . purchase any of the following 
Articles, imported from Abroad, viz. : Loaf Sugar, . . . 
Coaches, . . . Mens and Womens Hatts, and IVomens 
Apparel ready made, Household Furniture, Gloves, Mens 
and Womens Shoes, Clocks and Watches, Silversmiths 
and Jewellers ware, Broad Cloths that cost above los. a 
Yard, . . . all Sorts of Millinery Ware, Fire Engiiies, 
China Ware, Silk and Cotton velvets, Lawns, Cambricks, 
Silks of all Kinds for Garments, Malt Liquors, and 
Cheese r 

This popular movement of non-importation throughout 



1 8 FORMATION OF THE UNION 

the colonies culminated in a formal declaration of the 
Continental Congress. The following summary is taken 
from Force, American archives, IV Series, 1 : 914-916: 

Plan of Association 

(For carrying into effect Non-importation, signed in Congress 
October 20, 1774.) 

To obtain redress for grievances, a non-importation, 
non-consumption, and non- exportation agreement, faith- 
fully adhered to, will prove the most speedy, effectual, and 
peaceable means. 

We do for ourselves, and the inhabitants we represent, 
firmly agree and associate as follows : 

1. That we will not import any goods into British 
America from Great Britain or Ireland after December i 
next, nor any East India tea from any part of the world ; 
nor any Molasses, Syrups, Fancies, Coffee, or Pimento 
from the British Plantations or Dominica ; nor Wines 
from Madeira or the Western Islands, nor Foreign 
Indigo. 

2. Neither import nor purchase slaves. 

3. A non-consumption agreement not to purchase any 
of the above articles if imported. 

4. A non-exportation agreement ; but in order not to 
cause undue suffering, the time of taking effect is extended 
to September 10, 1775. After this date nothing will be 
exported to Great Britain, Ireland, or the West Indies. 
An exception is made of Rice to Europe. 

5. Merchants will give proper orders to agents abroad. 

6. Owners of vessels will give proper orders to their 
captains. 

7 and 8. Home industries are to be promoted. 



FORMATION OF THE UNION 19 

9. Merchants agree not to take advantage of scarcity 
to raise prices. 

Committees in every County, City, and Town are to 
observe the conduct of all who have entered this Associa- 
tion, and are authorized to publish the names of those 
who transgress. 

For further material on the Non-importation agree- 
ments consult the references given above in this section. 

Questions. — i. Was non-importation a powerful weapon? 
2. Did it produce the effects expected? 3. What is the 
political importance of this agreement? 4. What place 
would you give to it in the formation of the Union? 

5. Principles of the Revolution 

(Selection from the Declaration of Rights of the " Stamp Act Congress " 
at New York, 1765.) 

The Congress upon mature dehberation agreed to the 
following declarations : That His Majesty's hege subjects, 
in these colonies, are entitled to all the inherent rights 
and liberties of his natural born subjects within the king- 
dom of Great Britain ; that it is inseparably essential to 
the freedom of a people and the undoubted right of 
Englishmen, that no taxes be imposed on them, but with 
their own consent, given personally, or by their represent- 
atives ; that the only representatives of the people of these 
colonies are persons chosen therein by themselves ; that 
trial by jury is the inherent and invaluable right of every 
British subject in these colonies ; that the restriction im- 
posed by the several late acts of Parliament on the trade 
of these colonies will render them unable to purchase the 
manufactures of Great Britain. 



20 FORMATION OF THE UNION 



Full Text of Above Declaration 

Preston. Documents, 189-191. 

Hinsdale. American government, 438-439. 

(Selections from the Declaration of Rights of the Continental Congress 
at Philadelphia, 1774.) 

Whereas, since the close of the last war, the British 
parliament claiming a power of right, to bind the people 
of America by statutes in all cases whatsoever, hath, in 
some cases expressly imposed taxes on them, and in 
others, under various pretences, but in fact for the pur- 
pose of raising a revenue, hath imposed rates and duties 
payable in these colonies, established a board of commis- 
sioners, with unconstitutional powers, and extended the 
jurisdiction of courts of admiralty, not only for collecting 
the said duties, but for the trial of causes merely arising 
within the body of a county ; and whereas judges have 
been made dependent on the crown alone for their sala- 
ries, and standing armies kept in time of peace ; and 
whereas it has lately been resolved in parliament that 
colonists may be transported to England, and tried there 
upon accusations for treasons, and such trials have been 
directed ; and whereas in the last session of parliament 
three statutes were made, all which statutes are impolitic, 
unjust, and cruel, as well as unconstitutional, and most 
dangerous and destructive of American rights ; and 
whereas assemblies have been frequently dissolved, con- 
trary to the rights of the people, and their dutiful, humble, 
loyal, and reasonable petitions have been repeatedly 
treated with contempt by his majesty's ministers of 
state : 



FORMATION OF THE UNION 21 

The good people of the several colonies have severally 
elected deputies to meet in General Congress in the city 
of Philadelphia. Whereupon the deputies so appointed 
being now assembled, in a full and free representation of 
these colonies, do as Englishmen their ancestors in like 
cases have usually done, for effecting and vindicating 
their rights and liberties, DECLARE : 

That the inhabitants of the English colonies in North 
America, by the immutable laws of nature, the principles 
of the English constitution, and the several charters or 
compacts, have the following RIGHTS : 

That they are entitled to life, liberty, and property ; 
that our ancestors, who first settled these colonies, were 
entitled to all the rights, liberties, and immunities of free 
and natural born subjects within the realm of England ; 
that by such emigration they by no means forfeited, sur- 
rendered or lost any of those rights, but that they were, 
and their descendants now are, entitled to the exercise 
and enjoyment of all such of them, as their local and 
other circumstances enable them to exercise and enjoy; 
that the foundation of English liberty, and of all free 
government, is a right in the people to participate in 
their legislative council, and as the English colonists are 
not represented, and from their local and other circum- 
stances, cannot properly in the British parliament, they 
are entitled to a free and exclusive power of legislation 
in their several provincial legislatures in all cases of taxa- 
tion and internal polity; that the respective colonies are 
entitled to the common law of England ; that they have 
a right peaceably to assemble, consider their grievances, 
and petition the king ; that the keeping a standing army, 
in these colonies, in times of peace is against law, 



22 FORMATION OF THE UNION 

Full Text of the Declaration 

Preston. Documents, 193-198. 

Story. Exposition of the constitution, App. 

Hinsdale. American government, 440-444. 

Questions. — Make a summary of American principles as 
set forth in above Declarations. Can the revolution be 
regarded as the defence of these principles? Was it so 
regarded, at the time? Were there other causes? Would 
separation from England have taken place even if these 
principles had not been attacked? Did Americans wish to 
send representatives to Parliament ? 

References for Further Material 

(See also Channing and Hart. Guide, § 134.) 

Niles. Principles and acts of the revolution (docu- 
ments) . 

Hart. American history told by contemporaries, H : 
pt. vi (sources). 

Goodloe. Birth of the republic (documents). 

Norris. Half-hours with American history, 414-425 
(Franklin's examination before the parhamentary com- 
mittee) . 

The same may be found in Franklin's works. 

Small. Beginnings of American nationality. (In Johns 
Hopkins University Studies, VHI : Nos. i, ii.) 

Woodburn. Causes of American revolution. (In Johns 
Hopkins University Studies, X : No. vii.) 

Boutwell. Constitution at the end of the first century, 

137-157- 
Tyler. Literary history of the American revolution, 

2 vols. (esp. work of leading statesmen). 



FORMATION OF THE UNION 23 

Force. American archives, IV Series (documents for 
period, 17 74-1 7 76). 

Personal Illustration 

Much valuable material upon the principles of the 
Revolution may be found in the biographies of the great 
leaders. The following are pubhshed in the American 
Statesmen Series. See Channing and Hart, Guide, § 135, 
for additional biographies. 

Hosmer. Samuel Adams. 
Tyler. Patrick Henry. 
Morse. John Adams. 
Morse. Benjamin Franklin. 
Morse. Thomas Jefferson. 

6. Independence and Union 

(Channing and Hart. Guide. \ 137.) 

Study of the Declaration of Independence in con- 
nection with the foregoing ; discussion as to why inde- 
pendence was necessary ; estimate of the reality of the 
Union, and statement of the new political problems arising 
from independence. 

Text of the Declaration of Independence 

American history leaflets. No. 20. 
Preston. Documents, 21 1-2 15. 
MacDonald. Select documents. No. i. 
Hinsdale. American government, 450-453. 
Boutwell. Constitution at the end of the first century, 
1-8. 
School histories of the United States. 



24 FORMATION OF THE UNION 



References on the Period 

Channing. United States, 83-87. 

Channing. Students' history of the United States, 
ch. V. 

Hart. Formation of the union, 83-87. 

Sloane. French war and the revolution, chs. xviii, xix. 

Frothingham. Rise of the repubhc, chs. x, xi. 

Winsor. America, VI : ch. iii. 

Stevens. Sources of the constitution, 30-34. 

Andrews. United States, 1 : 1 71-180. 

ElHot. Debates, 1 : 42-60. 

Hildreth. United States, III : 130-137. 

Bancroft. United States. Last revision, IV : chs. xx- 
xxviii. 

Hamilton. United States, I : ch. iv. 

Questions. — What authority had the Congress to adopt 
the Declaration of Independence? Is the Fourth of July the 
birthday of one nation or of thirteen? Is there any evidence 
in the Declaration in regard to the preceding ? Can you give 
instances of the acts with which George III is charged? 
Why is the king blamed and not Parliament? What theory 
of the origin of government is contained in the Declaration ? 

7. The Articles of Confederation and the History 
of the Period 

The first attempt at solving the problem of a federal 
government ; its failure revealed in the study of the plan 
itself, and by the history of the time. 

Summary of the "Articles of Confederation and perpetual 
Union between the States of Newhampshire, Massa- 



I 



FORMATION OF THE UNION 2$ 

chusetts-bay, Rhodeisland and Providence Plantations, 
Connecticut, New York, New Jersey, Pennsylvania, 
Delaware, Maryland, Virginia, North Carolina, South 
Carolina, and Georgia." 

The confederacy is styled "The United States of 
America." The states enter into a firm league of friend- 
ship for common defence, security of their liberties and 
general welfare, each state retaining its sovereignty, free- 
dom, and independence, and every power not expressly 
delegated to the United States. The free inhabitants of 
each state are entitled to all privileges and immunities 
of free citizens in the several states, provision being 
made for the return of fugitives from justice from beyond 
a state. Full faith and credit must be given in each 
state to the records, acts, and judicial proceedings of 
every other state. 

A Congress is estabHshed, composed of delegates 
appointed annually from each state in such manner as 
the state legislature directs ; not less than two nor more 
than seven from each state, to serve not more than three 
years out of six and with power in the state of recall at 
any time. Congress is to assemble on the first Monday 
in September in every year. Each state maintains its 
own delegates, and on all questions " each state shall 
have one vote." Delegates enjoy freedom of speech and 
of debate, and are privileged from arrest. 

Without the consent of Congress, no state can send or 
receive an embassy, enter into a treaty, lay any imports 
or duties which may conflict with treaties of the United 
States, engage in war unless actually invaded, grant com- 
missions to ships of war or letters of marque and reprisal 



26 FORMATION OF THE UNION 

unless after a declaration of war by the United States, or 
in case the state be infested with pirates. No vessels of 
war shall be kept in time of war by any state, nor any 
body of military forces, except such as shall be deemed 
necessary for defence or garrison by the United States ; 
but every state must always keep a well-regulated militia. 
When land forces are raised by any state for the common 
defence, all officers of or under the rank of colonel are to 
be appointed by the state legislature. 

All charges of war and all other expenses incurred by 
the United States shall be defrayed out of a common 
treasury, to be suppHed by the several states in propor- 
tion to the value of all land within each state granted to 
any person, the value and improvements to be deter- 
mined as Congress may direct, and the taxes in each 
state to be levied by the legislature. 

The United States in Congress assembled has the sole 
and exclusive right of determining on peace or war, of 
sending and receiving ambassadors, entering into treaties, 
of establishing rules in regard to captures on land or water 
and the division of prizes, of granting letters of marque 
and reprisal in times of peace, appointing courts for the 
trial of piracies and felonies committed on the high seas. 
An elaborate method is provided for deciding disputes 
between states concerning boundary, jurisdiction, or any 
other cause, by a method of arbitration, with the United 
States in Congress assembled as the last resort on appeal. 
Controversies concerning private right of soil claimed 
under different grants of two or more states shall take the 
same course on the petition of either party. The United 
States in Congress assembled also has the sole and exclu- 
sive right of regulating coinage by itself or by the respec- 



FORMATION OF THE UNION 2/ 

tive states, of fixing the standard of weights and measures, 
of regulating trade and all affairs with Indians, not mem- 
bers of any state; of establishing and regulating post-offices 
from one state to another; of appointing and commission- 
ing officers of land forces above regimental officers, and 
all officers of the naval forces ; to make rules for land and 
naval forces and to direct their operations. 

Furthermore, the United States in Congress assembled 
has authority to appoint a " Committee of the States," 
consisting of one delegate from each state which is to sit 
in the recess of Congress ; to appoint other necessary 
committees and necessary civil officers ; to appoint one 
of their number to preside, but for not more than one 
year in three ; to ascertain the sums of money necessary 
for the service of the United States ; to appropriate and 
apply the same ; to borrow money on the credit of the 
United States, or to emit bills of credit ; to build and 
equip a navy ; to agree upon the number of land forces, 
and to make requisitions upon each state for its quota, 
in proportion to the number of white inhabitants therein, 
the same to be raised and equipped by the state and 
marched to the place and within the time appointed by 
the United States. 

The assent of nine states in Congress is necessary for 
any act of engaging in war, granting letters of marque or 
reprisal, entering into treaties, coining money, ascertain- 
ing the sums of money necessary for the United States, 
emitting bills, borrowing money, appropriating money ; 
agreeing upon the number of war vessels to be built or 
purchased, or the number of land or sea forces to be 
raised, or for appointing a commander-in-chief of army 
or navy. For all business a majority of states is neces- 



28 FORMATION OF THE UNION 

sary, except that a minority may adjourn from day to 
day. 

Congress shall have power to adjourn to any time 
within the year, but for no period of more than six 
months ; shall publish its Journal, except parts relating 
to treaties, or military operations requiring secrecy. The 
yeas and nays shall be entered on the Journal when 
desired by any delegate. The Committee of the States 
shall have authority to execute such of the powers of Con- 
gress as by the consent of nine states in Congress it may 
be vested with, provided that this shall not include any 
of the powers for which the consent of nine states is 
requisite. 

Canada may join the union by acceding to this con- 
federation ; but no other colony shall be admitted except 
by the agreement of nine states. 

Every state shall abide by the determinations of the 
United States in Congress assembled. 

" The articles of this confederation shall be inviolably 
observed by every state, and the union shall be perpetual ; 
nor shall any alteration at any time hereafter be made in 
any of them ; unless such alteration be agreed to in a 
congress of the United States, and be afterwards con- 
firmed by the legislatures of every state." 

Full Text of the Articles of Confederation 

American history leaflets, No. 20. (Contains the 
Franklin and Dickinson prehminary drafts.) 

Boutwell. Constitution at the end of the first century, 
9-22. 

Preston. Documents, 219-230. 

MacDonald. Select documents, No. 2. 



FORMATION OF THE UNION 29 

Hinsdale. American government, 454-461. 
Cooper. American politics, bk. iv. 
Johnston. American politics, App. 
Poore. Charters and constitutions, pt. i. 
ElUot. Debates, 1 : 67-92 (text and proceedings of 
adoption). 

Goodloe. Birth of the republic, 353, etc. 

Fiske. Civil government, App. 

And in many other text-books on civil government. 

Proceedings of Adoption 

(Curtis. Constitution of the United States, I : App. (acts of the several 

legislatures).) 

1776. June II. Two committees were appointed in the 

Continental Congress ; one to draw up a decla- 
ration of independence, the other to formulate 
a plan of confederation. 

July 4. Report of first committee adopted. 

July 14. Report submitted by second committee, 
in the handwriting of John Dickinson, of Dela- 
ware, chairman. 

1777. November 15. Adoption by the Congress of re- 

port with amendments, and the submission to 
the states for ratification. 

1778. July 9. Delegates in the Congress from Massa- 

chusetts, Rhode Island, Connecticut, New York, 
Virginia, and South Carolina, having been duly 
authorized by their legislatures, signed an en- 
grossed roll of the Articles. 
1778-81. Delegates from remaining states signed as fol- 
lows : North Carohna, July 21, 1778; Pennsyl- 
vania, July 22, 1778; Georgia, July 24, 1778; 



30 FORMATION OF THE UNION 

New Hampshire, Aug. 8, 1778; New Jersey, 
Nov. 26, 1778; Delaware, Feb. 12, 1779; 
Maryland, March i, 1781. 
1 78 1. March I. Articles of Confederation became law. 

Questions on the Articles. — What is the name of the fed- 
eral government? How is the Congress composed? What 
influences would determine the number of delegates from any 
state? What reasons for the restrictions on their service? 
Suppose an army of 50,000 men to be required on the Ohio : 
show in detail the proceedings necessary in each state. In 
whose service would the men consider themselves ? Suppose 
the sum of $1,000,000 to be required by the United States: 
show in detail the proceedings necessary to place the money 
in the treasury. Suppose that a state failed to pay its pro- 
portion, how would this affect the behavior of other states? 
Could any payments be compelled? Is there any power to 
regulate commerce? Has the Congress any authority over 
persons? Is there any idea of a United States citizenship? 
Was this government representative ? Read Bryce, p. 7, and 
make out a list of the defects of the Confederation as a plan 
of government. 

References on the Period and Criticism of the 
Confederation 

(Channing and Hart. Guide. \\ 149-153.) 

Fiske. Critical period, esp. chs. iii-v. 

Bancroft. Formation of the constitution, I: 11-266. 

Winsor. America, VII : ch. iii. 

Frothingham. Rise of the republic, 569-579. 

Channing. United States, 107-122. 

Channing. Students' history of the United States, 

236-255- 



FORMATION OF THE UNION 3 1 

Hart. Formation of the union, ch. v. 

Boutwell. Constitution at the end of the first century, 

ch. ii. 

Walker. Making of the nation, ch. i. 

von Hoist. Constitutional history, 1 : 20-46. 

Hildreth. United States, IH : chs. xliv, xlvi. 

Pitkin. United States, II : ch. xi. 

Schouler. United States, 1 : 14-23- 

Schouler. Constitutional studies, 84-92. 

McMaster. People of the United States, 1 : 103-389. 

Young. American statesman, ch. iii. 

Sumner. The financier and finances of the American 
revolution, 2 vols. 

Personal Illustration 

See biographies given above under section 6, and also : 

Roosevelt. Gouverneur Morris, ch. v. 
Lodge. George Washington, II : ch. i. 
Sumner. Robert Morris. 

Gather the results of the study of this chapter together 
in a written paper in the following form : 

TOPICAL REVIEW 

Formation of the Union 
1643-1787 

1. Instances of union and common action in the 
colonial period. 

2. Enumeration of noteworthy plans of general gov- 
ernment. 

3. Advantages of union, and obstacles in the way. 



32 



FORMATION OF THE UNION 



4. Summary of English legislation after 1763. 

5. Methods of American resistance. 

6. The prevailing English view of the colonies. 

7. The principles asserted by Americans. 

8. The leaders of the period of revolution, ; — their 
character and influence. 

9. Why independence was necessary. Its national 
result. 

10. Description of the first attempt to organize the 
Union. 

Make an analysis of the Articles of Confederation 
according to the following form : 

Tabular Analysis 

Government of the UNrrEo States as Organized in the 
Articles of Confederation 

1. How established. 

2. Mode of amendment. 

3. Prohibitions on the federal government. 

4. Prohibitions on the separate states. 

5. Duties imposed on citizens. 

6. Outline of Organization 



Parts 

I. Executive 
II. Legislative 
III. Judiciary 



Description: Election, 
Tenure, etc. 



Powers and Duties 



PART II 

THE NATIONAL GOVERNMENT 

CHAPTER IV 
THE NATION AND ITS FEDERAL CONSTITUTION 

1. Bryce, Chapter I. The Nation and the States 

Topics. — Reluctance to be considered a nation. Two 
common forms of composite political communities — 
the league and the nation. Intermediate position of 
the United States. Resulting complexity of American 
institutions. 

Supplementary Questions. — i . What historical reasons for 
the fear of being considered a nation? 2. Do you think that 
this fear is disappearing? 3. Formulate a definition of a 
nation. (See Hinsdale, American government, p. 12.) 

4. Classify existing states of Europe under the two forms — 
league and nation. (See Statesman's Year Book for facts.) 

5. Do Americans realize the complexity of their institutions? 
If not, what prevents? (For a debate on the question of 
being a nation, in the House of Representatives, March 13, 
1876, see Congressional Record. Quotations in Hamilton, 
Federal union.) 

2. Bryce, Chapter II. The Origin of the Constitution 

Topics. — The thirteen colonies, — their relation to 
England and to one another. Growth of the Union. 



34 THE NATION AND 

Character of the Confederation. Defects of the plan 
and difficulties encountered. The Annapolis convention. 
The Philadelphia convention — account of its sessions. 
Mode of ratification of the Constitution. Struggle in the 
state conventions. Amendments proposed. The merits 
of the Constitution. Sources of the Constitution. Colo- 
nial experience. 

Supplementary Questions. — i. What were those "own af- 
fairs " that the colonies had managed? 2. Revise and correct 
your essay on the subject : Colonial life as a preparation for 
self-government. 3. What further grounds of national unity 
can you add to the enumeration in Bryce, p. 10 ? 4- What was 
the historical value of the Confederation? 5. Did the Con- 
stitution as it came from the convention have any legal stand- 
ing — what legal authority did the convention have to make 
it? 6. May the spirit of compromise be regarded as pecu- 
liarly American? Is it consistent with principle? 7. What 
turn would the history of the country have taken, if the Con- 
stitution had been defeated? 8. Does Mr. Bryce's account of 
the sources of the Constitution coincide with popular beliefs 
in our country? 9. Of what value is this history to us? 

References on Origin 

Stevens. Sources of the constitution. 
Hinsdale. American government, ch. xiv. 
Fisher. Evolution of the constitution, esp. ch. ii. 



3. The Constitutional Convention 

The necessity of a stronger union ; preliminaries of the 
Philadelphia convention and the record of its work. 

(See also Channing and Hart. Guide. ^ 154.) 



ITS FEDERAL CONSTITUTION 35 

Brief Comprehensive Works 

Lalor. Cyclopedia. Article on Convention of 1787. 

Winsor. America, VII : ch. iv. 

Frothingham. Rise of the republic, 584-597. 

Fiske. Critical period, chs. vi, vii. 

Hart. Formation of the union, 1 18-128. 

Channing. United States, 1 22-131. 

Walker. Making of the nation, ch. ii. 

McMaster. With the fathers, 107, etc. 

Schouler. United States, 1 : 24-46. 

Hildreth. United States, III : chs. xlvi-xlviii. 

McMaster. People of the United States, 1 : 389-399, 

417-423, 436-453- 

Young. American statesmen, ch. iv. 

Morris. Half-hours with American history, II : 147- 

161. 

Willoughby. Government of the United States, ch. vi. 

Landon. Constitutional history, lect. iii. 

von Hoist. Constitutional history, 1 : 47-63. 

Spencer. United States, II : 205-258. 

Smith, Goldwin. United States, 11 9-1 29. 

Extended Works 

Bancroft. Formation of the constitution, II : bk. iii. 
Bancroft. United States. Last revision, VI : pt. iii. 
Curtis. Constitutional history, I : chs. xv-xxxii. 
Carson. Anniversary of the constitution, 1 : 1-134. 
Pitkin. United States, II : ch. xviii. 



36 THE NATION AND 

Special Subjects 

Lalor. Cyclopedia. Articles on Compromises, Navi- 
gation acts. 

Wilson. Slave power, 1 : 39-54 (slavery). 
Stevens. Sources of the constitution, ch. ii. 
Foster. Commentaries on the constitution, 1-104. 

Accounts of the Convention in Biographies 

Gay. James Madison, chs. vii-ix. 
Bigelow. Life of Franklin, III : 376-396. 
Morse. Benjamin Franklin, 401-405. 
Rives. Life and times of Madison, II : chs. xxvii- 
xxxii. 

Marshall. George Washington, II : ch. iv. 
Lodge. George Washington, II : ch. i. 
Austin. Elbridge Gerry, II : chs. i-iii. 
Stills. John Dickinson, ch. vii. 
Lodge. Alexander Hamilton, ch. iv. 
Morse. Alexander Hamilton, 1 : 155-237. 
Tyler. Patrick Henry, chs. xvii-xix. 
Roosevelt. Gouverneur Morris, ch. vi. 

Contemporary Records 

(See also Channing and Hart. Guide, p. 324, sources.) 

Elliot. Debates, 1 : 92, etc. (preliminaries). 

Journal of the convention. Also in Elhot. Debates, 
I: 139, etc. 

Madison papers ; Debates in the federal convention of 
1787, as reported by James Madison. 

Madison's Journal of the federal convention. In Elliot. 



ITS FEDERAL CONSTITUTION 37 

Debates, V : 109, etc. Published for academic use by 
Scott, Foresman & Co., 1893. See also as a supplement 
and guide : Woodburn. Making of the constitution. 

Hamilton's Propositions for a constitution. In Hamil- 
ton. Works, ed. Lodge, 1 : 331. 

Plans of Randolph and others. (In Towle. History 
and analysis of the constitution.) 

Franklin. Works, V : 142-155. 

Madison. Writings, 1 : 284-340. 

Questions on the Convention. — Who were the leaders of 
the convention? Should Madison be called the "Father of 
the Constitution "? What experience had fitted the members 
for this work? Make a list of the most prominent influences 
acting upon the convention. To what extent did commercial 
questions affect the work of the convention ? Show how the 
methods of the convention were in line with the previous 
constitutional history of the country. 

Bibliographies of the Constitution 

Ford. Bibliography of the constitution. (In Curtis. 
Constitutional history, vol. II.) 

Fiske. Critical period, p. 351. 

Winsor. America, VII : ch. iv, end. 

Woodburn. Making of the constitution, 40-41. 

Hart. Constitutional and pohtical history, 19-38. 

Foster. The United States constitution. (In Library 
journal, V: 172, 222.) 

4. Study of the Constitution 

Careful reading of the text of the Constitution and its 
amendments to become familiar with its provisions. Ex- 



38 THE NATION AND 

amination of its language to secure an accurate under- 
standing of all expressions. Consult the dictionary or 
Dictionary of Law for unusual or technical terms, as 
impeachment, quorum, bill of attainder, ex post facto law. 
Familiarity with the text can be tested by the following 
questions. 

On the Text of the Constitution 

Whose Constitution is this ? For what purposes was it 
established ? 

Article I 

Where is the legislative power vested ? Where are the 
powers not delegated to the United States by the Constitu- 
tion, nor prohibited by it to the states? (See Am. X.) 
How is Congress composed ? Who compose the House 
of Representatives? How and for what term are they 
chosen ? Who vote for them ? What are the qualifica- 
tions of representatives ? How are representatives appor- 
tioned? (See Am. XIV.) Can any state be without a 
representative? What was the provisional apportion- 
ment? What state had the highest number? How is 
a vacancy in the House filled ? Who presides over the 
House? What is its power in impeachment? Who 
compose the Senate? How are they chosen? What 
classification was required ? How are vacancies filled ? 
What are the qualifications of senators? Who presides 
over the Senate? What is the Senate's power in im- 
peachment ? What vote is required for conviction ? To 
what is judgment limited in case of impeachment? What 
power has Congress over elections ? When does Congress 
meet? What power has each house in regard to its 



ITS FEDERAL CONSTITUTION 39 

own members? over their behavior? How many are 
required for the transaction of business? What can a 
smaller, number do ? What record of proceedings must 
be kept? Can it be kept secret? Can one house be in 
session without the other? Who fixes the pay of con- 
gressmen? How is the payment made? What are the 
privileges of congressmen? What are their disabilities? 
What bills must originate in the House? What power 
has the Senate in legislation? What is the method of 
passing a bill ? What congressional business must go to 
the President? What are the powers of Congress in 
taxation ; in regard to war, courts of justice ; in the 
regulation of commerce, the currency ; in copyrights 
and patents, naturalization, bankruptcy ; in regard to 
post-offices ; in the protection of persons against unjust 
state laws; in general matters? What prohibitions are 
placed upon Congress? What prohibitions are placed 
upon the states? What powers are denied to the states, 
unless with the consent of Congress ? 

Article II 

Who has the executive power? Who vote for the 
President and Vice-President? How many in each 
state? How are these electors chosen? What was the 
method of voting prescribed for the electors in the 
original Constitution? How is this changed in Am. XH? 
W^ho counts the votes ? When is there an election by 
the House of Representatives? How is the vote then 
taken? What authority has Congress over the choice of 
electors? Who is eligible to be President? Under what 
conditions does the Vice-President become President? 
How is the salary of the President fixed ? What is the 



40 THE NATION AND 

President's oath ? What are the powers of the President 
in mihtary affairs ? over the heads of executive depart- 
ments ? with respect to criminal offenders ? What power 
does he have in conjunction with the Senate? How are 
inferior offices provided for? How are vacancies filled 
when the Senate is not in session? What information 
must the President give to Congress ? What power has 
he over the sessions of Congress? Who receives am- 
bassadors ? Who sees that the laws are executed ? Who 
signs commissions? Who receive commissions? What 
officers may be removed by impeachment, and for what 
causes ? 

Article III 

Who has the judicial power of the United States? 
What is the tenure of judges ? How is their compensation 
protected? What cases come under the judicial power of 
the United States? What restriction was made by Am. 
XI ? In what cases does the Supreme Court have original 
jurisdiction? How is its appellate jurisdiction regulated? 
What points are specified in regard to trials? (See also 
Ams. V-VII.) In regard to punishments? (See also 
Am. VIII.) What constitutes treason against the United 
States? How must it be proved? How is its punish- 
ment restricted ? 

Article IV 

How must one state behave toward the proceedings of 
another? What rights in Oregon has a citizen of Cali- 
fornia? How is a fugitive from justice recovered from 
another state? Could one state liberate the slaves 
escaped from another? How are new states admitted? 
How could two states be made of California? How 



ITS FEDERAL CONSTITUTION 4 1 

could Nevada be annexed to Utah? What authorization 
is there for the government of Arizona? What shall the 
United States guarantee to every state ? From what shall 
it protect them ? 

Article V 

In what two ways may amendments originate? In 
what two ways may they be ratified? What things are 
reserved from amendment? 

Article VI 

How were the debts of the United States under the 
confederation provided for? What is the supreme law 
of our land? Who are bound thereby? Can state law 
invalidate a United States law? Who are bound to sup- 
port the Constitution ? What test is forever forbidden ? 

Article VII 

How was the Constitution ratified? How many states 
ensured its adoption? 

When did the convention complete its work? How 
many men signed the Constitution? from how many 
states? What ones became Presidents? What ones 
were signers of the Declaration of Independence? 

Reference List of Commentaries on the 
Constitution 

Simple Popular Works 

Rupert. History and constitution of the United States. 

Harrison. This country of ours. 

Porter. United States constitutional history. 



43 THE NATION AND 

Schouler. Constitutional studies, 93-189. 
Story. Exposition of the constitution. 
Ford. American citizen's manual, I : ch. i. 

Extended Works 

Boutwell. Constitution at the end of the first century. 
Foster. Commentaries on the constitution. 
Curtis. Constitutional history of the United States, 
2 vols. 
von Hoist. Constitutional law. 
Cooley. Constitutional law. 
Cooley. Constitutional limitations. 
Story. Commentaries on the constitution. 
Patterson. Federal restraint on state action. 
Fisher. Evolution of the constitution. 
Stevens. Sources of the constitution. 

5. Ratification of the Constitution 

The discussion of the plan of federal union before the 
people and in the several state conventions. 

(See also Channing and Hart. Guide. § 155.) 

Winsor. America, VII : ch. iv. 

Bancroft. Formation of the constitution, II : esp. 
225-318. 

Lalor. Cyclopedia, 1 : 99, 606-607. 
Frothingham. Rise of the republic, 598-606. 
Landon. Constitutional history, lect. iv. 
Borgeaud. Adoption and amendment, 1 31-136. 
Fiske. Critical period, 303-350. 
Andrews. United States, 1 : 239-240. 
Hart. Formation of the union, 128-135. 



ITS FEDERAL CONSTITUTION 43 

Channing. United States, 132-134. 

Schouler. United States, 1 : 47-73. 

Walker. Making of the nation, ch. iv. 

McMaster. People of the United States, I : ch. v, 
passim. 

Hildreth. United States, III : 533-539. 

Jameson. Essay on constitutional history of the 
United States, 46, etc. (efforts to amend). 

Ford. Essays on the constitution (i 787-1 788). 

Curtis. Constitutional history, I : chs. xxxiii-xxxv. 

Harding. Federal constitution in Massachusetts. 

Jameson. Movement toward a second convention in 
1788. (In Jameson. Essays in constitutional history.) 

Bateman. Political and constitutional law, 1 21-145 
(ordinances of ratification) . 

Libby. Geographical distribution of the vote. 

In Biographies 

Gay. James Madison, ch. ix. 
Wells. Samuel Adams, III : 248-276. 
Rives. Life and times of Madison, II : chs. xxxiii- 
xxxvi. 

Wirt. Patrick Henry, 278-316. 
Tyler. Patrick Henry, 279-301. 
Lodge. Alexander Hamilton, 65-80. 
Morse. Alexander Hamilton, 1 : 238-275. 
Morse. Thomas Jefferson, 92-95. 
Hosmer. Samuel Adams, 392-401. 

Contemporary Accounts and Discussions. 

The Federalist. 

Washington. Writings, vol. XI (letters). 



44 THE NATION AND 

Madison. Writings, 1 : 340, etc. (Virginia convention). 

Jefferson. Works, II : Index, Constitution. 

Ford, editor. Essays on the constitution (178 7-1 788). 

Review of the Constitution 

Make an analysis of the Constitution (not including 
amendments) according to the form used for the Articles 
of Confederation. Compare the two and state how the 
Constitution formed " a more perfect union." 

A more extended analysis of the Constitution may be 
made according to the following form. 

Topical Analysis of the Constitution 

(Give the ideas called for by each topic briefly, so far 
as possible in the language of the document ; and give 
exact reference to article and section for each point. 
Use the Roman numerals for articles and the Arabic for 
sections ; as III : 2, for Article III, section 2.) 

I. The Constitution as a whole. 

1. By whose authority? 

2. Purposes. 

3. Mode of adoption. 

4. Modes of amendment. 

5. Force as law. 

6. Who are bound to support? 

7. Who are citizens under it? 

(Can this be answered without Am. XIV?) 



ITS FEDERAL CONSTITUTION 



45 



II. Legislative Department. 



Topic 



1. Composition 

2. Qualifications 

3. Election, tenure, etc. 

4. Appointment 

5. Filling of vacant seats 

6. Exclusive authority 




Senate 



Provisions Common to Both Houses 



I. 


Control over members. 


2. 


Oath of office. 


3- 


Quorum. 


4- 


Compensation. 


5. 


Rules of procedure. 


6. 


Journal. 


7. 


Privileges of members. 


8. 


Disabilities of members. 




Powers of Cc 


I. 


Revenue. 


2. 


Appropriations. 


3. 


Trade. 


4- 


Finance. 


5- 


War and national defence. 


6. 


Courts. 


7- 


Elections. 


8. 


Offices. 


9- 


Naturalization. 



46 



THE NATION AND 



10. United States territory. 

1 1 . General powers. 



III. Executive Department. 





Qualifi- 
cations 


Election or Appoint- 
ment, Tenure, etc. 


PoWEftS 




Civil 


Mili- 
tary 


Legisla- 
tive 


1. President 

2. Vice-President 

3. Executive Heads 













IV. Judicial Department. 

1. Courts and their jurisdiction. 

2. Judges and their tenure. 

V. Prohibitions on the United States. 
VI. Prohibitions on the States. 



6. Bryce, Chapter III. Nature of the Federal 
Government 

Topics. — The twofold problem of the Constitution. 
Relation of the Federal Constitution to the state consti- 
tutions. Functions of the Federal government. Its four 
essential objects, and how they are secured. Relation to 
the EngHsh constitution and to the state constitutions. 
Profound difference between Congress and the British 
Parliament. Explanation of this difference. Origin of 
written constitutions. 

Supplementary Questions. — i . May the American people 
have been a nation before 1789? 2. What is usually taken 



ITS FEDERAL CONSTITUTION 47 

as our national birthday? 3. May we have been a nation a 
long time before we fully realized it? 4. Can there be any 
doubt as to the fact now? (Definition by J. R. Green, 
History of the English People, vol. iv, p. 226: "A nation 
is an aggregate of individual citizens, bound together in a 
common and equal relation to the state which they form." 
By E. A. Freeman. Chief periods of European history, lect. 
vi : " The nation, in short, should have unity of speech and 
unity of government.") 5. Are the states as essential to the 
Federal government as it is to them? 6. Has our experience 
shown the need of adding new functions to the Federal gov- 
ernment? If so, what? 7. What is the Constitution to you 
in your everyday life? 8. Show the line of descent of the 
Constitution, {a) in form, {b^ in contents. 

7. Territorial Gro-wth of the United States, and 
Increase of States 

(Read Bryce, Chapters XXXIV and LVIII.) 

Map Study 

Refer to maps showing the territorial growth of the 
United States, and report upon the following : What was 
the original territory of the United States ? Who were 
our neighbors in 1783? The natural boundaries of the 
Louisiana territory? What acquisitions were made on 
the Gulf before 1812? What was included in the Florida 
purchase ? When was the Oregon boundary determined ? 
What area was annexed as Texas? What lands were 
ceded to us by Mexico? What are the boundaries of 
Alaska? Report upon the time and circumstances of 
each acquisition. Taken together with colonial history, 
do they make a steady progress ? (See references below.) 



48 THE NATION AND 

Distribution of Population 

Read Bryce, Chapters XXXIV and LVIII, and report 
upon the lines of settlement and present distribution of 
population. Bring together additional facts from the 
United States Census of 1890, Abstract, or similar facts 
from McCarthy's Statistician, or various Political Alma- 
nacs. Look up the population maps in Thorpe's Con- 
stitutional History of the American People, and construct 
a similar map for 1890. 

History of the Admission of States 

Consult a map of the United States, and the List of 
States, Bryce, page xi. Report upon the following : What 
was the first new state ? How many were there in 1 800 ? 
in 1830? in i860? in 1876? How many are there now? 
Which is the newest state ? What may be considered as 
prospective states? 

Area and Boundaries of the States 

How many states are there in the original area of the 
United States? How many have been formed from each 
of the added territories, as Louisiana, etc? What influ- 
ences have determined state Hues? To what extent are 
they natural lines? Estimate the area and population for 
each group of states, Bryce, page 287. Which group 
has the largest area? the greatest population ? Arrange 
the groups in order of population. Arrange the states 
in order of area ; of population. What is California's 
position in each list? 



ITS FEDERAL CONSTITUTION 49 

References on Territorial Expansion 

(Previous to 1898) 

Bibliography 

Channingand Hart. Guide, §§ 161, 168, 185, 192, 193. 
Winsor. America, VII : App. i. 

General Works 

Lalor. Cyclopedia. Articles on Annexation, North- 
west boundary. Ordinance of 1787. 

Channing. United States. Index. (See also maps.) 

Walker. Making of the nation. Index. 

Schouler. United States, V : Index. Louisiana, Flor- 
ida, Texas, Mexican cession. 

McMaster. People of the United States, II : 626-635 ; 
III: 1-15, 23-41, 209-215. 

Hildreth. United States. Index. Louisiana, Florida. 

Adams. United States, II : ch. ii-vi. 

Andrews. United States. Index. 

Von Hoist. Constitutional history. Index. 

Young. American statesman. Index. 

Poussin. United States, pt. i ; chs. xx, xxi. 

Benton. Thirty years' view. Contents. 

Special Works 

Winsor. America, VII : App. i. 
Roosevelt. Winning of the West, 3 vols. 
Hinsdale. Old Northwest. 
Drake. Making of the Ohio valley states. 
Walker. Distribution of population. 
Blunt. Formation of the confederacy. 



50 THE NATION AND 

McMaster. Struggle for territory. 

Thorpe. Constitutional history of the American people, 
I : chs. viii-xi. 

Donaldson. Public domain. House Miscellaneous 
Documents, 1882-1883, vol. 19. 

In Biographies 

Morse. Thomas Jefferson, ch. xiv. 

von Hoist. John C. Calhoun, chs. viii, ix. 

McLaughHn. Lewis Cass, chs. i, iv. 

Pierce. Memoirs of Charles Sumner, IV : 318,324-328. 

8. The Land System of the United States 

Consult Lalor's Cyclopedia of Political Science, article 
on *' Public Lands," and report upon the following : 
How did the United States become possessed of the pub- 
he domain ? What have been the methods followed in 
disposing of it? What influence has the land policy of 
the United States had upon settlement? Describe the 
system of government survey. What are school sections ? 

Practical Questions. — From a map showing the land survey 
in your vicinity, work out the following : In what township do 
you live ? Give the exact location of your home within the 
township as closely as can be done from the map. Designate 
the township in which some town or city of your vicinity is 
located. Draw a diagram of a township ; number the sections ; 
mark the school sections ; the S. W. \ of S. E. \ of S. 10 and 
the E. ^ of N. E, ^ of S. 15. Write a summary of the his- 
tory of the public land policy of the United States from 
Hart, Practical essays, 233-257. 



ITS FEDERAL CONSTITUTION 5 1 



Land Laws 

(Consult Copp's American Settler's Guide. American Mining Code. 
United States Revised Statutes, Public Lands.) 

Ascertain the meaning of the following : Homesteads, 
land warrants, preemption. Illustrate the procedure of 
obtaining a United States patent to i6o acres of surveyed 
public land. What is the Timber Culture Law? The 
Desert Land Law? How is the possession of mineral 
lands determined ? How may ownership be acquired ? 

References on the Land System 

American History Leaflets, No. 22 (State land claims 
and cessions). 

Schouler. United States, V : Index. Land. 

McMaster. People of the United States, II : 144- 
159,476-482; III: 89-145 (review from 1776-1805) ; 

IV: 381-396. 

Hamilton. United States, IV : 170-172. 

Clusky. PoHtical text-book, 491-526. 

Barrows. United States of yesterday, ch. vii. 

Young. American statesman. Index. Lands. 

von Hoist. Constitutional history. Index. 

Benton. Thirty years' view. Contents. 

Lalor. Cyclopedia. Article on Public Lands. 

Sato. Land question in the United States. (In Johns 
Hopkins University Studies, IV : Nos. vii-ix.) 

Public land surveys. American Book Co. 

Donaldson. Public domain. House Miscellaneous 
Documents, 1 882-1 883, vol. 19. 



52 THE NATION AND 

9. The Territorial System. Bryce, Chapter XLVI 

Topics. — List of present territories. The recent pro- 
motions. Origin of territorial government. The territo- 
rial constitution. Form of government ; the governor 
and his powers ; the legislature ; the judiciary. Citizen- 
ship in the territories. Preparation for statehood. Pro- 
cedure of forming a state. Merits of the system. 

Supplementary Questions. — i. Look up a copy of the Or- 
dinance of 1787 and report upon the form of government 
established and the rights guaranteed by it. 2. Who enacted 
this ordinance ? 3. For what territory ? 4. Was California 
ever a territory ? 

Practical Questions. — Ascertain the population and esti- 
mated wealth of Arizona and New Mexico. Does any one wish 
them to be made into states ? What objections are there ? 
Would you have any objection to living in a territory ? 

References on the Ordinance of 1787 

Winsor. America, VII : 537-538. 

Barrett. Evolution of the ordinance of 1787. 

Hinsdale. Old northwest, chs. xv, xvi. 

Lalor. Cyclopedia. Article on Ordinance of 1787. 

Dunn. Indiana, 177-218. 

King. Ohio, 180-188, 405-409. 

Cooley. Michigan, 127-132, 138. 

Cutler. Ordinance of 1787. 

Coles. History of the ordinance. (Pennsylvania His- 
torical Society.) 

Merriam. History of the ordinance of 1787. 

Adams. Maryland's influence upon land cessions. (In 
Johns Hopkins University Studies, III : No. i.) 



ITS FEDERAL CONSTITUTION 53 

Harper's magazine, vol. LXXI : 554. 
Thorpe. Constitutional history of American people. 
Boutwell. Constitution at the end of the first century, 
ch. iii. 

See also general histories of the period, as Bancroft. 

Text of the Ordinance 

Preston. Documents, 241. 

Old South leaflets. No. 13. 

MacDonald. Select documents, No. 4. 

Poore. Charters and constitutions, pt. i. 

Boutwell. Constitution at the end of the first century, 

23-32. 

Donaldson. Public domain, 153-156. 

10. Present Unifying Forces 

Our present national unity is the result of many influ- 
ences. Some of these may be studied as follows. Pro- 
cure a railroad map of the United States and report upon 
the following questions : How many complete transcon- 
tinental lines are there, counting them west of the Missis- 
sippi River? What lines of travel are there from north to 
south ? Is there any state or territory without railroad 
connection ? Answer similar questions so far as possible 
for telegraph and telephone lines. Ascertain facts as to 
the number of newspapers published in the United States. 
Visit the newspaper room of a public library and report 
upon the states or localities there represented by a paper. 
How widely are the newspapers of greatest popularity 
circulated? Answer the same questions for magazines. 
How many political parties maintain a national organiza- 



54 THE NATION AND ITS CONSTITUTION 

tion ? (See some Political Almanac.) How many churches 
hold national assemblies? How many benevolent, edu- 
cational, or trade associations? Select some prominent 
instance of a national convention, and report upon its 
membership, the number in attendance, and the places 
from which the members have come. Investigate in your 
own locality and report on the places of incorporation of 
the life insurance companies ; the fire insurance com- 
panies. Inquire at a neighboring bank, and report upon 
its business connections in other states. Find evidence 
of the capitalists of one state investing their funds in 
other and remote states. Get together facts in regard 
to the destination of products shipped from your locaHty ; 
of the place of production of goods brought to your home 
from other parts of the United States. Considered in 
many ways, are we not one people leading a common 

life? 

TOPICAL REVIEW 

Write a review of the work in this chapter according 
to the following form. 

The Nation and its constitution 

1. Origin of the Constitution. 

2. Summary of the history of its adoption. 

3. Influences for and against its adoption, — the strug- 
gle before the people. 

4. Why the Constitution was a compromise. 

5. Territorial growth since 1789. 

6. Methods of handhng the national domain. 

7. Methods of governing during the process of settle- 
ment. 

8. Present evidence of national unity. 



THE EXECUTIVE DEPARTMENT 55 

Subjects for Essay Work 

An imagined history of the United States, supposing 
that the Louisiana Territory had been incorporated with 
Canada under British rule. 

Differences between the poHtical systems of the United 
States and Great Britain in 1 789. 

Why was a written constitution the best for America? 



CHAPTER V 

THE EXECUTIVE DEPARTMENT 

1. Bryce, Chapter IV. The President 

Topics. — Three departments of American government. 
Why a single head was accepted in the executive. Ham- 
ilton's plan of life tenure. Previous models for the presi- 
dency. Mode of election as planned. How practice 
has belied the theory. Growth of parties and of popular 
elections. Methods of choosing electors. Consequences 
of the electoral system — pivotal states. Presidents as 
party men. Reelections. Failure of an electoral choice. 
House elections. Counting the returns. Contest of 
1876. The Electoral Commission. The law of 1887. 
Impeachment of the President. The succession to the 
office. 

Supplementary Questions. — i. Point out precisely what 
was changed in the Constitution by Am. XII . 2. Ought 
there to be any further change now? If so, why? 3. What 
results regarding control of elections, qualifications for voting, 
etc., would necessarily follow an election by direct popular 



56 THE EXECUTIVE DEPARTMENT 

vote? 4. Comparison of the process of impeachment with 
English examples, e.g. Warren Hastings. 5. Why should 
the Chief Justice preside when the President is on trial? 
6. Is impeachment any longer a real remedy? 7. In House 
elections why should the vote be taken by states? (Consider 
the election of 1824.) 8. Find examples of vice-presidential 
candidates nominated for policy and not for fitness. 

Practical Questions. — Who were the presidential electors 
in California in the last election? Who voted for them? 
Describe the method. How many votes did they receive? 
(See State Blue Book or Political Almanacs.) Who were 
chosen? What duties did they perform? When was the 
result of the election assumed to be known? Of what party 
is the President now in office? In what ways was he known 
to the country before the election? What Presidents have 
been reelected ? 

History of Elections 

O'Neil. American electoral system. 
Stanwood. Presidential elections. 
See also Chapter XX, below. 

2. Bryce, Chapter V. Presidential Po-wers and Duties 

Topics. — Powers of the President stated ; arranged in 
four groups. Foreign affairs. Influence of Congress. 
Domestic authority. War powers. Guarantee of a repub- 
lican government to the states. Proclamations. Inau- 
gurals. Authority in legislation. No initiative. The veto 
and its value. Popularity of the President. Appointing 
power. Growth of senatorial influence. Patronage and 
the spoils system. Right of removal. Reform of the 
civil service. Power of the President in peace and in 
war. Comparison with European rulers. Strength of 



THE EXECUTIVE DEPARTMENT 57 

the President is from the people. Old fear of a tyranny 
groundless. 

Practical Questions. — From the newspapers, report in- 
stances of recent presidential acts and state under what 
powers they come. Find and read a copy of the last procla- 
mation or message of the President and report upon its 
contents and its influence. Find some recent instance of the 
use of the veto. Was the measure passed? What federal 
officers in your vicinity were appointed by the President? 
Ascertain what you can as to why these persons were 
appointed. Find in the Constitution the provision for each 
of the President's powers. 

On the Civil Service 

Obtain a copy of the last report of the Civil Service 
Commission and report upon the following : How many 
persons are in the civil service of the United States? 
What proportion of them are included in the reformed 
or classified service? How were these appointed ? What 
is their tenure ? What is the record of the extension of 
the classified service since 1883? 

References on the History of the Civil Service 
In General Works 

Lalor. Cyclopedia. Articles on Civil administration, 
Civil service reform, Patronage, Removals from office, 
Spoils system. 

Schouler. United States, V : Index. 

Johnston. American politics. Index. 

Adams. United States, I : ch. viii. 

McMaster. People of the United States, II : 583-587. 



58 THE EXECUTIVE DEPARTMENT 

Walker. Making of the nation, 169-171, 175. 

Young. American statesman. Index. Removals from 
office. 

von Hoist. Constitutional history. Index. Spoils 
systeifi. 

Boyd. Political history, ia-2ia. 

Pierce. Memoirs and letters of Charles Sumner, IV : 
190-192. 

Channing and Hart. Guide to American history. In- 
dex (for further references) . 

Special Works 

Elmes. Executive departments (complete summary 
of organization) . 

Jenckes. Civil service of the United States. Reports 
of Committee on Retrenchment, 1868. 

Civil Service Commission. Reports, 1 884-1 894. 

Civil Service Reform League. Proceedings, 1894, 1895. 

Magazine articles on civil service reform. 

Comstock. Civil service in the United States (exam- 
ination manual) . 

Shepard. Martin Van Buren. Index. Spoils system. 

McLaughlin. Lewis Cass, 135-137 (introduction of 
spoils system). 

Supplementary Questions. — i. Did freedom from foreign 
affairs exist in the first thirty years of our national history? 
2. Are we likely to have more concern with such matters in the 
future? 3. Should this be our policy? 4. Can the President 
proclaim a holiday that would close the schools of California? 
(See Cal. Political Code, sec. 10.) 5. Are not the President's 
messages communications to the people rather than to Con- 
gress? 6. Does the use of the veto always make a President 



THE EXECUTIVE DEPARTMENT 59 

popular? 7. Recapitulate the arguments in this chapter 
against patronage. 8. Can you find any evidence to support 
Mr. Bryce's judgment on page 51? " The larger a community 
becomes," etc. 9. Could the President lead an army in per- 
son? 10. Could he go outside the United States? 

3. Bryce, Chapter VI. Observations on the Presidency 

Topics. — Main objects of the presidency have been 
attained. Defects pointed out : i^a) statesmen are lured 
into inconsistency ; {F) turmoil of election periods ; 
(<r) discontinuity of policy; (^) pandering to politi- 
cians ; {e) weakness of an outgoing President ; (/) elec- 
tion may be in doubt. Office is, however, a success. 
No tendency toward monarchy. Elections are grand 
reviews. Social life at Washington. 

Supplementary Questions. — i . Find, if possible, evidence 
in specific instances for each of the defects pointed out. Can 
any of them be removed? 2. Can you prove that the merits 
of the office outweigh these defects? 3. Who were the wiser 
in regard to the question of the President's title? 4. Do 
Americans consider the President's salary small ? 5 . Gather 
facts from reading or inquiry in regard to the popular recep- 
tion of a President touring the country. 

4. Bryce, Chapter VII. Why Great Men are not chosen 

Presidents 

Topics. — Evidence of the fact. Reasons in expla- 
nation : {a) little first-rate ability in politics ; (^) few 
opportunities for personal distinction in Congress ; 
{c) eminent men make enemies; {d) the great man 
is a poor candidate ; (<?) great powers are not required. 
Influence of sectionalism. Career of ex-Presidents. 



60 THE EXECUTIVE DEPARTMENT 

Criticism of the Presidents in the three periods. Com- 
parison with English prime ministers. 

Supplementary Questions. — i. Look up the lives of the 
Presidents and decide whether Mr. Bryce's judgment of them 
is satisfactory or not. 2. How would the direct popular elec- 
tion of the President affect the candidacy of great men? 
3. What states at the present have the best chance of nomi- 
nating a Republican candidate? a Democratic? 4. Is there 
any reason why ex-Presidents should not serve in Congress, or 
in state or municipal offices ? 

5. Bryce, Chapter VIII. The Cabinet 

Topics. — Application of the term " cabinet." Con- 
stitutional mention. History of the executive depart- 
ments. Relation to Congress. Choice of cabinet officials. 
The Secretary of State. The Treasury. Department of 
the Interior. The other departments. Relation to the 
President. The Cabinet not a unit. Methods of early 
Presidents. ResponsibiUty of the President. No policy 
but the President's. 

Supplementary Questions. — i. What reasons have caused 
the increase in cabinet officers? Is further increase probable? 

2. Has agriculture been improved by having a cabinet office? 

3. What reasons can you give for admitting the secretaries to 
the floors of Congress? What reasons against it? 4. What 
cabinet offices offer the best opportunities for distinction? 
5. Does a man ever give up a place in Congress to go into 
the Cabinet? 6. To what extent should the appointed officers 
of the United States be of the same political party as the 
President? 

Practical Questions. — Ascertain the names of the present 
heads of the executive departments. From the Congressional 



THE EXECUTIVE DEPARTMENT 6 1 

Directory 1 report upon their public life previous to appointment. 
Discuss any noteworthy acts or recommendations of present 
or recent officers. What is the salary of a cabinet office? 

6. Organization and Work of the Executive Depart- 
ments 

(Abridged from Congressional Directory, which see for further facts.) 

(Every department and bureau has of course all assist- 
ants, clerks, attaches, and employees necessary for the 
performance of its duties. For classification, numbers, 
etc., see annual reports of Civil Service Commission, and 
for names and addresses of persons employed see United 
States Roster or Blue Book.) 

Cabinet Departments 

State Department. — The Secretary of State is charged, 
under the direction of the President, with duties apper- 
taining to correspondence with the public ministers and 
the consuls of the United States, and with the represen- 
tatives of foreign powers accredited to the United States ; 
and to all negotiations relating to the foreign affairs of the 
United States. He is the medium of correspondence 
between the President and the chief executives of the 
several states; he is the custodian of the great seal of 
the United States, countersigns and affixes the seal to all 
executive proclamations, various commissions and war- 
rants for the extradition of fugitives from justice. He 
grants passports, publishes the laws and resolutions of 
Congress, and is the custodian of the laws of the United 
States and of treaties with foreign nations. His annual 

1 Procure a copy for the school by writing to the Congressman of 
your district. 



62 THE EXECUTIVE DEPARTMENT 

reports to Congress contain information regarding com- 
merce received from the diplomatic and consular offices. 

The Department is organized under an Assistant Secre- 
tary ; a Second and a Third Assistant ; a Chief Clerk, who 
supervises all clerks and employees ; the Diplomatic Bu- 
reau, which conducts the diplomatic correspondence ; the 
Consular Bureau, which conducts the consular correspond- 
ence ; a Bureau of Indexes and Archives, which opens, 
indexes, and registers all correspondence and preserves 
the archives ; a Bureau of Accounts, which has the 
disbursement of appropriations, the custody of bonds, 
and the care of the property of the Department ; a Bu- 
reau of Rolls and Library, which has the care of rolls, 
treaties, laws, and public documents ; a Bureau of Statis- 
tics, which pubHshes the monthly consular reports, special 
reports, and the annual report to Congress entitled "Com- 
mercial Relations of the United States." 

The Diplomatic Sei-vice of the United States includes 

embassies or legations at the courts or capitals of all 

foreign nations. 

(For list of officers see Congressional Directory and Political Alma- 
nacs. Also lists of Foreign Embassies and Legations to the United 
States. 

The Consular Service of the United States includes Con- 
suls-General, Consuls, Commercial Agents, and Consular 
Agents and Clerks at all foreign cities and commercial 
points. 

(For alphabetical list of consulates with officers in charge see Con- 
gressional Directory and Political Almanacs. Also list of the Consuls 
of other nations resident in the cities of the United States.) 

Treasury Department. — The Secretary of the Treas- 
ury is charged by law with the management of the national 



THE EXECUTIVE DEPARTMENT 63 

finances. He prepares plans for the improvement of rev- 
enue ; superintends its collection ; prescribes the forms 
of accounts ; grants warrants for all moneys drawn from 
the Treasury in pursuance of appropriations, and for 
the payment of moneys into the Treasury ; and annually 
submits to Congress estimates of probable revenues and 
disbursements. He controls the construction of pubUc 
buildings, the coinage of money, the collection of statis- 
tics, the administration of the Coast and Geodetic Survey, 
Life-Saving, Lighthouse, Revenue Cutter, Steamboat 
Inspection, and Marine Hospital branches of the public 
service. 

The organization of the Department is as follows : 
Three Assistant Secretaries ; a Chief Clerk, who super- 
vises the duties of all clerks and employees, has charge 
of the buildings and property of the Department in Wash- 
ington, all furniture, repairs, etc. ; the Comptroller of the 
Treasury, who prescribes the forms of keeping and ren- 
dering accounts, and decides appeals from auditors ; the 
Auditor for the Treasury Department, who receives and 
examines all accounts of salaries and incidental expenses 
of the Department, — arranged in subordinate divisions 
of Customs Division, Internal Revenue Division, Public 
Debt Division, and Miscellaneous Division ; Auditors for 
the War, the Interior, the Navy, the State, and other 
departments, with similar duties with respect to accounts 
and the business also distributed in proper divisions (for 
the Post Office this work includes the arrangement of all 
money orders by states and offices in exact numerical 
order, auditing of accounts of every postmaster, set- 
tlement of accounts with postmasters, and adjustment 
of postal accounts with other countries, the payment 



64 THE EXECUTIVE DEPARTMENT 

of all accounts for transportation of mails, etc.) ; the 
Treasurer of the United States, who is charged with the 
receipt and disbursement of all public moneys depos- 
ited in the Treasury at Washington, and the sub-treas- 
uries at Boston, New York, Philadelphia, Baltimore, New 
Orleans, San Francisco, St. Louis, Chicago, and Cincin- 
nati, and in the national bank United States depositories ; 
he is also trustee for bonds securing national bank circu- 
lation and other bonds, and agent for paying the interest 
on the public debt ; the Register of the Treasury, who 
signs and issues all bonds of the United States, the Dis- 
trict of Columbia, the Pacific railroads, etc., keeps rec- 
ords of bonds and signs all transfers conveying money 
from the United States Treasury to the sub-treasuries and 
depositories ; the Comptroller of the Currency, who has 
control of the national banks ; the Director of the Mint, 
who supervises the mints and assay offices. (Two annual 
reports are published by the Director of the Mint, one 
for the fiscal year and included with Report of the Sec- 
retary of the Treasury, the other for the calendar year and 
giving statistics of the production of the precious metals.) 
The department also includes the Customs Service ; the 
Internal Revenue Service under the supervision of a 
Commissioner ; the Bureau of Engraving and Printing 
under a Director ; the Supervising Architect's Office ; the 
Secret Service Division ; the Bureau of Statistics, which 
publishes statistics of common, foreign, and domestic com- 
merce (the most generally useful publications are Annual 
Report on Commerce and Navigation, Annual Report on 
Internal Commerce, and Annual Statistical Abstract of 
the United States) ; the Life-Saving Service under a Gen- 
eral Superintendent ; the Bureau of Navigation under a 



THE EXECUTIVE DEPARTMENT 65 

Commissioner ; the Office of Steamboat Inspection under 
a Supervising Inspector-General ; the Lighthouse Board ; 
the Coast and Geodetic Survey under a Superintendent 
(results of the survey are published in the form of annual 
reports, bulletins, notices to mariners issued monthly, 
harbor charts, coast charts, sailing charts, annual tide 
tables, chart catalogues, and Coast Pilots) ; the Marine 
Hospital Service under a Supervising Surgeon-General ; 
and the Bureau of Immigration under a Commissioner- 
General. 

War Department. — The Secretary of War performs 
such duties as the President may enjoin upon him con- 
cerning the military service. He has supervision of all 
estimates of appropriations for the army, of the Military 
Academy at West Point, and of national cemeteries ; he 
has charge of all river and harbor improvements, the 
estabhshment of harbor lines, and approves the plans 
and location of bridges authorized by Congress to be 
constructed over the navigable waters of the United 
States. He has an Assistant Secretary, a Chief Clerk, 
and necessary subordinates. 

The organization of the Department is by Military 
Bureaus, the chiefs of which are officers of the Regular 
Army of the United States, as follows : the Adjutant- 
General, who promulgates all orders of a military char- 
acter ; the Inspector-General, who supervises inspection 
of all mihtary commands ; Quartermaster-General, who 
provides transportation, clothing, equipage, horses, mules, 
wagons, vessels, forage, stationery, and other miscella- 
neous stores, and all necessary buildings, wharves, roads, 
and bridges at military posts, and pays guides, spies, and 
interpreters ; the Commissary-General, who has control 



66 THE EXECUTIVE DEPARTMENT 

of the subsistence department ; the Surgeon-General, 
who has charge of the medical department ; the Pay- 
master-General ; the Chief of Engineers ; the Chief of 
Ordnance, who provides all artillery, small arms, and 
munitions of war of every description for forts, armies, 
and whole body of mihtia of the Union ; the Judge- 
Advocate-General, who receives, reviews, and has a 
record kept of the proceedings of all courts-martial, 
courts of inquiry, and mihtary commissions (he is also 
a legal adviser to the Secretary of War) ; the Chief 
Signal Officer, who supervises all military signal duties, 
military telegraph lines, etc. ; and the Chief of the 
Record and Pension Office, who has charge of the 
military and hospital records of the volunteer armies 
of the United States. 

Navy Department. — The Secretary of the Navy per- 
forms such duties as the President may assign him, and 
has general superintendence over the construction, man- 
ning, equipment, and employment of vessels of war. He 
has an Assistant Secretary, Chief Clerk, and necessary 
subordinates. 

The organization of the Department is by Naval 
Bureaus, the chiefs of which are officers of the United 
States Navy, as follows : the Bureau of Navigation, which 
promulgates orders to the fleets, controls the education 
of officers and men, including the Naval Academy, and 
manages the enlistment and discharge of all enlisted 
men ; the Bureau of Yards and Docks, which manages 
the construction and maintenance of all docks, wharves, 
and buildings of every kind within the navy-yards; the 
Bureau of Equipment, which manages the equipment of 
all vessels with rigging, sails, anchors, navigation stores, 



THE EXECUTIVE DEPARTMENT 6/ 

nautical instruments, appliances for lighting, fuel, etc. ; 
the Bureau of Ordnance, which provides all offensive and 
defensive arms and apparatus ; the Bureau of Construc- 
tion and Repair, which manages everything relating to 
designing, building, and repairing vessels ; the Bureau of 
Steam Engineering, which provides and maintains the 
steam machinery used for naval vessels ; the Bureau of 
Medicine and Surgery, which has charge of laboratories, 
hospitals, and the furnishing of all medicinal supplies; 
the Bureau of Supplies and Accounts, which has charge 
of supplying provisions, clothing, etc. The Department 
also includes the office of Judge-Advocate-General, who 
receives and has a record kept of the proceedings of all 
courts-martial, courts of inquiry, etc. ; the Marine Corps, 
with headquarters at Washington ; and the Naval Observa- 
tory, located at Georgetown Heights, Dist. of Columbia. . 

Interior Department. — The Secretary of the Interior 
has the supervision of public business relating to patents 
for inventions ; pensions and bounty lands ; the public 
lands and surveys ; the Indians ; education ; railroads ; 
the Geological Survey ; the census ; the Hot Springs 
Reservation, Arkansas ; Yellowstone National Park, 
Wyoming, and the Yosemite, Sequoia, and General 
Grant parks, California; distribution of appropriations 
for agricultural and mechanical colleges ; and custody 
of certain hospitals in the District of Columbia. He 
has also certain authority in relation to the territories. 
He has a First Assistant, an Assistant Secretary, a Chief 
Clerk, and needful subordinates. 

In the organization of the Department, the various 
branches, designated as Offices or Bureaus, are presided 
over by the following heads : Commissioner of Patents ; 



68 THE EXECUTIVE DEPARTMENT 

Commissioner of Pensions ; Commissioner of the Gen- 
eral Land Office ; Commissioner of Indian Affairs ; 
Commissioner of Education, who collects and pubhshes 
information in regard to education; Commissioner of 
Railroads, who receives reports from roads to which 
the United States has granted subsidies ; Director of 
the Geological Survey, who has charge of the classifica- 
tion of the public lands and the examination of the 
geological structure, mineral resources, and products of 
the national domain ; and the Superintendent of the 
Census. (The eleventh census, 1890, embraced the 
population, wealth, and industry of every state and 
territory ; special inquiries in regard to recorded indebt- 
edness ; and investigations in regard to the manufactur- 
ing, railroad, fishing, mining, cattle, and other industries 
of the country.) 

Post- Office Department. — The Postmaster-General has 
the direction of this Department. He appoints all offi- 
cers and employees of the Department, except the four 
Assistant Postmasters-General, who are appointed by the 
President ; appoints all postmasters whose compensation 
does not exceed ^1000; makes postal treaties with the 
approval of the President, and awards contracts. 

The Department is organized under the four Assist- 
ants, as follows : 

The First Assistant Postmaster-General has charge 
of the following divisions : Salary and Allowance, Free 
Delivery, Post-Office Supplies, Money-Order, Dead-Letter 
Office, and Correspondence. 

The Second Assistant Postmaster-General has charge 
of the transportation of the mails, which is managed by 
the following divisions : Contract Division, Lispection, 



THE EXECUTIVE DEPARTMENT 69 

Railway Adjustment, Mail Equipments, Railway Mail 
Service, and the Office of Foreign Mails. 

The Third Assistant Postmaster-General has charge 
of matters belonging to the following divisions : Finance, 
Postage Stamps and Stamped Envelopes, Registered Let- 
ters, Mail Classification, the Division of Files, Mails, etc., 
and the Special Dehvery System. 

The Fourth Assistant Postmaster-General has charge 
of the divisions of Appointments, Bonds and Commis- 
sions, and Post-Office Inspection and Mail Depreda- 
tions. 

Department of Justice. — The Attorney-General is head 
of this Department. He represents the United States in 
legal matters ; gives his opinion on questions of law when 
required by the President ; and exercises superintend- 
ence over United States attorneys and marshals in all 
the states and territories. He is assisted by a Chief 
Clerk, other clerks and employees, a Solicitor-General, 
four Assistant Attorneys-General, and other assistant 
attorneys. These assistants argue cases in the Supreme 
Court, defend the United States in the Court of Claims, 
etc. 

Department of Agricultm-e. — The Secretary of Agri- 
culture is charged with the supervision of public business 
relating to agricultural industries. He is aided by an 
Assistant Secretary, a Chief Clerk, and other clerks anci 
employees. The work and organization of the Depart- 
ment may be seen from the following list of bureaus 
and divisions : The Weather Bureau, which has stations 
throughout the United States for recording and forecast- 
ing the weather; Bureau of Animal Industry, which 
investigates animal diseases ; the Statistician, who col- 



70 THE EXECUTIVE DEPARTMENT 

lects and publishes information in regard to crops ; 
Division of Accounts and Disbursements ; Division of 
Chemistry ; Office of Experiment Stations, which con- 
ducts the correspondence with agricultural colleges and 
experiment stations in the various states and territories ; 
the Entomologist, who studies insects injurious to vege- 
tation ; Division of Biological Survey, which studies the 
geographical distribution of plants and animals ; Division 
of Forestry ; Division of Botany ; Division of Agrostology, 
which investigates grasses and forage plants ; the Pomol- 
ogist, who collects information in regard to fruit indus- 
tries ; Division of Vegetable Physiology ; Office of Fibre 
Investigations, which investigates textile plants ; Office 
of Road Inquiry, which studies systems of road manage- 
ment ; Division of Publication ; and the Division of Gar- 
dens and Grounds, which has charge of the park and 
conservatories around the Department buildings. 

Not included in the Cabinet Departments 

Department of Labor, in charge of a Commissioner of 
Labor, who collects and publishes information. 

Civil Service Co?nmissioit, composed of three Commis- 
sioners, who are charged with making rules and regula- 
tions to aid the President in the Civil Service of the 
United States. 

Cotnmission of Fish and Fisheiies^ in charge of a Com- 
missioner. 

Interstate Commerce Commissio7i, composed of five 
Commissioners. 

Government Printing Office, in charge of the Public 
Printer. 

Board of Geographic Names, composed of officers of 



/ 



THE EXECUTIVE DEPARTMENT Jl 

the Geological Survey, Coast and Geodetic Survey, Army 
and Navy officers, and others. 

Bureau of American Republics for the collection and 
distribution of commercial information among the Ameri- 
can republics, 

Intercontinetital Railway Commission, composed of 
three Commissioners, who are charged with conducting 
surveys and making reports for an intercontinental rail- 
way. 

To these may be added the Library of Congress ; the 
Smithsonian Institution, which has in charge also the 
National Museum, Bureau of American Ethnology, Inter- 
national Exchanges, the National Zoological Park, and 
the Astrophysical Observatory; the National Home for 
Disabled Volunteer Soldiers, and the Soldiers' Home. 

References on the Executive Departments 

Lalor. Cyclopedia. Articles on Administrations, Con- 
firmation by the senate, Executive, Treasury department. 
War department, etc. 

Guggenheimer. Development of the executive depart- 
ments (1775-89). (In Jameson. Essays in constitu- 
tional history.) 

Schouler. United States, V : Index. 

Palmer. Historical register, III : 23-52 (1814). 

Schuyler. American diplomacy, chs. i-iii. 

Young. American statesman, 70-77. 

Dawes. How we are governed. 

Boyd. Political history, 208-270. 

Bannatyne. Republican institutions. 

Brown and Strauss. Dictionary of politics. 

Brooks. How the repubKc is governed. 



72 THE EXECUTIVE DEPARTMENT 

Wilson. Congressional government. 

Hinsdale. American government, ch. xxxiii. 

Elmes. United States executive departments, 1879. 

Harrison. This country of ours. 
^ Ford. American citizens' manual, II : ch. ii. 

Also Encyclopedias, Statistician, Political almanacs, 
Congressional directory. Federal blue book, and United 
States revised statutes. 

7. Topics for Original Investigation 

Practical work can be carried on as follows : 

I. Consult the City Directory (Index or Table of Con- 
tents) of your city, or the city nearest to you, and make 
a Hst of all the United States officials. Then by indi- 
vidual visit or inquiry make reports to the class upon 
the business done regularly in every such office. The 
work of every one of the Cabinet Departments, except 
the State Department, can thus be studied in California. 

II. Obtain government reports from your Public Li- 
brary, or direct from Washington, and from these make 
reports upon some feature of the department, or work 
out answers to some question of home interest. 

III. Make reports upon the laws that govern the work 
of particular branches of the public service, as the postal 
regulations, the coinage laws, etc. 

IV. Work out answers to particular questions, as the 
following : 

1. How would you obtain a passport for foreign travel? 

2. With what countries does Cahfornia have the most 

commerce ? 

3. What goods are received from each one? Of what 



THE EXECUTIVE DEPARTMENT 73 

annual value? How are they paid for? (Annual 
reports of the Secretary of the San Francisco 
Chamber of Commerce, and annual editions of 
the Journal of Commerce will be of use.) 

4. Give instances of the payment of duties on imported 

goods ? Where is the payment made ? 

5. What policy in regard to foreign trade now prevails 

in the United States? Find instances of duties 
that go to prove this. 

6. Who is the Collector of Customs at your nearest port ? 

What officers assist him or cooperate with him? 

7. Who is the Collector of Internal Revenue of your 

district? Where is his office ? 

8. Find illustrations of the collection of internal revenue. 

9. What metals are now coined at the United States 

Mint? 

10. Ascertain the following facts about our coins : de- 

nominations now coined, weight, fineness, legal 
tender quality, amounts in circulation. 

11. What is the commercial value of a silver dollar? (See 

silver market quotations in the daily newspapers.) 

12. Are silver coins exchangeable for gold? 

13. What other kinds of money are in circulation? De- 

scribe each. 

14. Procure a chart of the nearest harbor. What in- 

formation does it give? 

15. What lighthouses are there on the coast of Cali- 

fornia ? 

16. What army posts are there in Cahfornia? Report 

upon fortifications, equipment, number of men, 
etc. 

17. What are the rates of the United States postage? 



74 THE EXECUTIVE DEPARTMENT 

Do the postal revenues pay the expenses of the 
Post Office Department? 
i8. What are the methods of sending money by mail? 

19. What vessels of the United States Navy have you 

seen? Give descriptions. 

20. Inspect a copy of the Nautical Almanac. What in- 

formation does it give? Who make use of it? 

21. Has any boy of your acquaintance been appointed 

to the Military Academy? to the Naval Academy ? 
If so, report upon his training. 

22. What work is carried on at the navy yard at Mare 

Island ? 

23. How is a patent obtained? a copyright? 

24. To whom does the United States pay pensions at the 

present time? 

25. What Indian reservations are there in California? 

26. Inspect the last report of the Commissioner of Edu- 

cation and report upon the kind of information 
therein collected. 

27. Notice the reports of the Weather Bureau in the 

daily newspapers. To whom are these announce- 
ments valuable? 

28. What work is carried on at the agricultural experi- 

ment station in California? 

29. Report upon any other matters of United States ex- 

ecutive business. 

30. Do you know of anything which the United States 

government ought to do, and which it is not now 
doing? Is the work that you have observed effi- 
ciently performed? Is it done more efficiently 
and economically than similar work by your city 
or county ? 



THE LEGISLATIVE DEPARTMENT 75 

Review the work of this chapter in the following form : 
United States Executive Departments 



Department 

Official Head and 

HIS Functions 



Divisions and 
Bureaus 



Business of 
Divisions 



To what Extent 

INCLUDED IN CLAS- 
SIFIED Service 1 



CHAPTER VI 



THE LEGISLATIVE DEPARTMENT 
1. Bryce, Chapters IX-XI. The Senate 

Chapter IX. The Senate. Topics. — Composition of 
the Senate. Its functions. Equality of the states. The 
Senate a link between the federal and state governments. 
Election of senators ; it has ceased to be indirect. Ten- 
ure of office ; difference between large and small states. 
Permanency of the Senate. Money bills in the Senate. 
No rule of closure. Method of voting. Secrecy of execu- 
tive session. 

Chapter X. The Senate as an Executive and Judicial 
Body. Topics. — Executive functions of the Senate. In- 



1 See last report of Civil Service Commission. 



76 THE LEGISLATIVE DEPARTMENT 

fluence in foreign policy. Power of amending treaties. 
Control of appointments. Judicial functions. History 
of impeachments. Value of impeachment. 

Chapter XI. The Senate: its Working and Influ- 
ence. Topics. — Five aims in the creation of the Senate. 
Hopes fulfilled. The Senate a happy accident. At first 
an executive body. Present character the result of evo- 
lution. Success of the Senate. Intellectual supremacy. 
Source of its power. Advantage of small numbers. Com- 
parative permanence. Explanation of superior abihty. 
The Senate chamber. Procedure. Speeches, Wealth of 
senators. Social pretensions. Over-praise of the Sen- 
ate. Comparison with the English houses of Parliament. 
The Senate a moderating power and a bulwark against 
agitation. 

Supplementary Questions. — i. Find the particular sections 
and clauses of the Constitution that establish the Senate and 
give it its powers. 2. Is the Senate an upper house? 3. Has 
state equality in the Senate been a benefit? Is it a ben- 
efit now? Can it ever be changed? (See Constitution, 
Art. V, end.) 4. What are the evils of the election of 
senators by state legislatures? Shall we adopt election 
by popular vote ? 5 . Ought the Senate to adopt a rule for 
closure of debate? 6. Ought the two-thirds majority for 
treaty ratification to be abandoned? Has it been harmful 
in any instance? 7. Show how the entire withdrawal of the 
appointive officers of the country from partisan politics would 
improve both the Presidency and the Senate. 8. Consult 
Hinsdale's American Government for exact record of impeach- 
ment cases. 9. How can a senator be removed? 10. Ought 
a senator to receive directions from his constituents in regard 
to his official acts? 11. Are Mr. Bryce's statements about 
the ability of the Senate true at the present time? 12. What 



THE LEGISLATIVE DEPARTMENT 77 

evidence can you find showing that public men prize a senator- 
ship above the office of representative ? 

Practical Questions. — i. Who are the present senators 
from CaUfornia ? Give a brief account of each one, — his 
place of residence, occupation, education, previous public 
service, etc. (Consult Congressional Directory.) 2. What 
members of the present Senate have had the greatest length 
of service? From what states do they come? 3. Find evi- 
dence of the Senate's power of amendment in recent tariff or 
appropriation bills. 4. How are Presidential appointments in 
California managed at the present time? How important is 
the influence of the senators? 5. What is California's record 
in regard to electing rich men to the Senate? 6. Locate the 
seats of the California senators. Are they well placed? (See 
Congressional Directory, Senate diagram and directory.') 



2. Bryce, Chapters XII-XIII. The House of 
Representatives 

Chapter XII. The House of Representatives. Topics. 

— Composition of the House. Mode of election. Appor- 
tionment. Qualification of electors. Sessions of Con- 
gress. Cost of elections. Character of members ; their 
education and wealth. Exclusive powers of the House. 
Procedure in business. Seating. Methods of voting. 
Rules of debate. Filibustering and its checks. Crowds 
of bills. Comparison of the Speaker with his English 
example. Committees. Dignity of the Speaker's office. 
Chapter XIII. The House at Work. Topics. —The 
hall of the Representatives. Disorder, noise, and lack 
of attention. Effects upon oratory and debating. Inter- 
est taken in money bills. Inferiority of many measures 
introduced. Lack of party discipline. Leadership of 
the chairman of the Ways and Means committee. The 



78 THE LEGISLATIVE DEPARTMENT 

minority. Leadership by committee chairmen. Im- 
pressiveness of the House. 

Supplementary Questions. — i. Find the sections and 
clauses of the Constitution that provide for the House of 
Representatives and the apportionment of representation. 
2. What suffrage is favored for the election of represen- 
tatives in Am. XIV? What was the purpose of this? Was 
it wise? 3. Is not the long interval between the election and 
the seating of a House a great evil? 4. Ascertain the mean- 
ing of " the previous question " and discuss its use in the 
House. 5. Find the record of some instance of "filibuster- 
ing." What was accomplished by it? How can it be pre- 
vented? (Suppose that a majority of the total membership 
were required for passing a bill, what would be the effect?) 
6. Make a study of the origin and growth of the Speaker's 
power. (See Follett's Speaker of the House of Representa- 
tives and Hart's Practical Essays.) 7. Make out a list of 
reasons w^hy there is more oratory in the Senate than in the 
House. 8. What would be the gain if there were more real 
debating in the House? 9. What great questions are there 
now awaiting congressional action ? Is there any evidence of 
inability to handle them? 10. Find a description of some 
European body, as the French Chamber of Deputies, or the 
English House of Commons, and compare with the House of 
Representatives. 

Practical Questions. — i. How many representatives has 
California? 2. What are the districts ? 3. Are they equal in 
area? 4. In which district do you live? 5. Who is the rep- 
resentative? 6. For what ability or public service was he 
known before his election as representative? 7. What has 
he done in Congress? 8. What is the population of your 
district? 9. What is the population of Nevada? 10. Why 
is Nevada allowed one representative? (See Constitution, 
Art. I, sec. 2.) 11. How many members are there in the pres- 
ent House? 12. How many make a quorum? 13. A quorum 



THE LEGISLATIVE DEPARTMENT 79 

being present, how many "Yeas" will carry? 14. Who vote 
for representatives in California? in Colorado? in Massa- 
chusetts? (See Political Almanacs, Suffrage.^ 15. Ascer- 
tain the ages, occupations, education, and previous public ser- 
vices of the present California representatives. Do the facts 
confirm Mr. Bryce's comments? 16. When did the present 
(or last) session of Congress begin? 17. Is (or was) it the 
long or short session? 18. Find the location of the seat of 
your representative in the hall. Is he well placed for gaining 
attention? (See Congressional Directory, House diagram 
and directory.^ 

Questions on Table of Apportionment 

I. At each apportionment, what state has stood first in 
number of representatives? 2. What states have shown the 
most rapid increase, and at what periods? 3. What states 
have ever shown decline ? To what causes should decline in 
the number of representatives be ascribed? 4. Compute the 
total area of the original states, and determine the average 
area for one representative. Find the average at the present 
time. Is it greater or less than at the beginning? 5. At 
the beginning the ratio of representatives to population was 
estimated at i to 30,000; what is that ratio now? 6. What 
states have now the greatest density of population? 7. In 
the original apportionment, what was the smallest number of 
states that together had a majority of the representatives? 
Was there real ground for the fears of the small states, as 
exhibited in the constitutional convention? 8. Compare 
the representative strength of the seceding with that of 
the Union states in 1862. 9. Compute the representative 
strength of each of the five groups of states as given by Mr. 
Bryce, p. 287. The total membership of the House remain- 
ing the same, which group will show an increase after the 
next census? 10. Upon what conditions must any further 
gain by California depend? 11. Make use of the following 
table for similar questions on presidential elections. 



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THE LEGISLATIVE DEPARTMENT 



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82 THE LEGISLATIVE DEPARTMENT 



3. Bryce, Chapters XIV-XVIII. Congressional Powers 

and Methods 

Chapter XIV. The Committees of Congress. Topics. — 

History of standing committees. Senate committees. 
House committees. Mode of appointment. Reference 
and consideration of bills. Secrecy of meetings. Results 
of the system. 

Chapter XV. Congressional Legislation. Topics. — 
Classification of legislation. Points of criticism. Present 
English methods in legislation. Comparison of American 
methods. Judgments expressed. Value of Senate revision 
and of review by the President. 

Chapter XVI. Congressional Finance. Topics. — 
Sources of revenue. The English budget. Reports 
of United States Secretary of the Treasury. Discus- 
sion of revenue measures. Division in the management 
of appropriations. History of revenue bills. Results of 
American methods. How the war debt has been paid 
off. Congressional extravagance. 

Chapter XVII. The Relations of the Two Houses. 
Topics. — Reasons for having two houses. Comparison 
of membership. The large and the small states. Cause 
of real differences between the houses. European objec- 
tion to a second chamber. Equality and coordination of 
the houses. Greater strength of the Senate. 

Chapter XVIII. General Observations on Congress. 
Topics. — Three important points in the discussion of 
Congress. Reasons for the district election of repre- 
sentatives. Resulting evils. Pay of congressmen. Con- 
ditions of congressional tenure. Democratic notions about 
offices. Efficiency weakened by frequency of elections. 



THE LEGISLATIVE DEPARTMENT 83 

Numbers compared. Attention to duties. Lack of oppor- 
tunity for distinction. Chances for the Presidency. Eng- 
lish methods of leadership. American caucus system. 
Party spirit. 

Supplementary Questions. — i. Can the evils of the com- 
mittee system be corrected without changing the form of the 
government ? 2. Can any better way be suggested of bring- 
ing about cooperation between the legislative and the execu- 
tive departments ? of directing legislation ? 3. Under what 
circumstances is a system of committees valuable ? (Consider 
the proceedings of a convention, the work of a High School 
Athletic Association, etc.) 4. What is the conclusion worked 
out from the comparison of English and American methods 
in legislation ? 5. Ought not a far greater allowance to be 
made for the scrutiny of House bills in the Senate, and vice 
versa f 6. Can you bring forward any specific evidence of 
unsuitable legislation by Congress ? 7. Would the English, 
system in our country give any better results ? 8. What 
reforms are needed in our management of revenue and 
expenditures ? 9. Are any constitutional governments at 
the present time maintained with a legislature of a single 
house ? (See Statesman's Year Book.) 10. Can you find 
any instance where the bills, or resolutions, of one house 
have been improved by amendments in the other ? 11. Are 
you in favor of maintaining both houses of Congress as they 
are now constituted ? 12. Compare the relations of our 
Senate and House with the relations of the corresponding 
bodies in Germany or France. 13. Shall we dispense with 
the popular requirement that congressmen must be residents 
of their districts ? 14. What would be the effect of abolish- 
ing the pay of congressmen ? 15. How can the notion 
be corrected that one man is as fit as another for office ? 

16. Ought the term of representatives to be lengthened ? 

17. What Presidents have served in Congress ? 18. Why 
are caucuses necessary ? 



84 THE LEGISLATIVE DEPARTMENT 

Practical Questions. — i . On what standing committees are 
the senators from California ? the congressman from your dis- 
trict ? (See Congressional Directory.) 2. From Treasury 
reports ascertain the amounts of revenue and expenditure 
for recent years. Determine the following : a. What are the 
chief sources of revenue ? b. What are the chief items of 
expenditure ? c. In case a deficit is shown in balancing, 
could it have been prevented ? d. What is the present 
condition of the debt ? e. Ought the debt to be paid off ? 

f. What lines of expenditure are increasing most rapidly ? 

g. Is this desirable? 3. What is the smallest list of states 
that together have a majority of the representatives ? Are 
they ever likely to combine upon a particular measure ? 
Reasons why there has never been a collision between large 
and small states. 

4. Illustrations of United States Legislation 

The general laws of the United States are accessible as 
follows : 

United States Revised Statutes, 2d ed., 1878. 
Supplement to the Revised Statutes, ist ed., 1881. 
Supplement to the Revised Statutes, 2d ed., 1891. 

Abstracts of the statutes upon particular topics, as Naturaliza- 
tion, Copyright, etc., are printed in many forms, notably Political 
Almanacs, annually published by many newspapers, e.g. The New 
York World. 

The acts of Congress from year to year are published 
under the direction of the Secretary of State, as follows : 

1. Statutes of the United States, for each session of 
Congress. 

2. United States Statutes at Large, for each Congress. 

Each of these publications contains all the acts of Congress, 
together with all joint resolutions, recent treaties entered into by 



THE LEGISLATIVE DEPARTMENT 



85 



the United States, and important executive proclamations. Acts of 
Congress are arranged under two groups, — " Public Laws of the 
United States " and " Private Laws of the United States." 

Copies of the United States Statutes may commonly be found in 
public libraries, distributed by the government. 

The full text of current legislation is often supplied by the news- 
papers, especially in the form of extra editions or supplements, eg. 
" War Revenue Law " and " Bankruptcy Law," 1898, published in 
full by the Brooklyn Eagle. 

From these sources look up and make reports upon 
the form and contents of the legislation on such topics 
as the following : Army, Navy, Militia, Flag and Seal, 
Citizenship, Coinage, Territories, Public Lands, Postal 
Service, Naturalization, Regulation of Commerce, Navi- 
gation, Merchant Seamen, Coast Survey, Patents, Tariff, 
Internal Revenue, District of Columbia. 

Review the work of this chapter in the following forms : 
California's Representation in Congress 





REPRESENTATIVES 


Districts 

(Give list of 
counties) 


Representative 
18— 


Residence 


Profession and 

Previous Public 

Service 


I. 








II. 








III. 








IV. 








V. 








VI. 








VII. 









S6 THE LEGISLATURE AND THE EXECUTIVE 



SENATE 



Senators 



Date of Elec- 
tion — Term 



Residence 



Profession and 

Previous Public 

Service 



Work of Present Congress 

1. Important bills introduced. 

2. Laws enacted. 

3. Resolutions or other congressional acts. 



CHAPTER VII 

THE LEGISLATURE AND THE EXECUTIVE 

1. Bryce, Chapters XIX, XX. The President and 

Congress 

Chapter XIX. The Relations of Congress to the Presi- 
dent. Topics. — The President's message. Custom of 
written messages. Isolation of the executive officers 
from Congress. Means of influencing Congress. Power 
of committees to command information. Intimidation 
of the President, and his defence. Control of appropria- 
tions. "Riders." Veto of particular clauses. 

Chapter XX. The Legislature and the Executive. 
Topics. — Fundamental characteristic of the national 'gov- 



THE LEGISLATURE AND THE EXECUTIVE 8/ 

ernment. Legislative absorption of the executive. Three 
correctives. Pohcy of the founders. The real results. 
The veto a protection to the executive. Foreign affairs. 
The President's strength. Balance of powers a success. 

Supplementary Questions. — i. Find examples in history 
of Congress attempting to coerce the President ; of the Presi- 
dent attempting to control Congress. How far were these 
attempts successful? Did they lead to permanent results? 

2. How can the management of finance be improved? 

3. Why do we not amend the Constitution, as suggested by 
President Hayes? 4. Is the separation and balancing of the 
departments a mistake? 5. Show how the encroachment of 
a legislature upon the executive is illustrated in English his- 
tory. Is it found in any other history? 6. Why were the 
founders so terribly afraid of a strong executive? What 
traces of this fear still survive? 7. Does Mr. Bryce over- 
estimate the power of the veto? 8. What gave Caesar his 
superiority over the Roman Senate? Cromwell over the 
Parliament? Are these instances apropos in America? 
9. Suppose that senators were popularly elected and the 
President were given power to dissolve Congress, — a new 
election to follow at once, — should we not have a preventive of 
legislative encroachment? Would you favor this innovation? 

Practical Questions. — i. What members of the present 
Cabinet have served in Congress ? 2 . Can any greater effi- 
ciency or influence be traced to this experience ? 



2. References on the English Ministerial System 

Sears. Governments of the world to-day, 73-97. 
Fonblanque. How we are governed, letters v-viii. 
Smith. English parhament, II : 581-599. 
Macy. English constitution, ch. vi. 
Wilson. The state, sec. 678, etc. 



88 THE JUDICIAL DEPARTMENT 

Amos. English constitution. 

Escott. England, ch. xxii (House of Commons) ; ch. 
xxiii (House of Lords). 

Daryl. Public life in England, 89-1 78. 

Good form in England, ch. iv. 

Porritt. The Englishman at home. 

Taylor. Origin and growth of the EngUsh constitu- 
tion, bk. vii. 

Bagehot. English constitution. 

Medley. English constitutional history. 

Todd. Parliamentary government, vol. II. 

Anson. Law and custom of the constitution, 2 vols. 

See also Statesman's Year Book and Whitaker's Almanac. 

Questions for Essay Work or Debate 

1. Ought the congressional committee system to be 
abandoned ? 

2. Does the country need a stronger executive? 

3. Ought the Speaker to be considered a Premier? 

4. Is the English Parliament more responsive to popu- 
lar will than the American Congress ? 

5. Should the cabinet officers be members of Congress ? 



CHAPTER VIII 

THE JUDICIAL DEPARTMENT 

1. Bryce, Chapter XXI. The Federal Courts 

Topics. — Need of federal courts. Merits of the sys- 
tem. Organization. The Supreme Court. Need of 
life tenure. Sessions of the Supreme Court. The Cir- 



THE JUDICIAL DEPARTMENT 89 

cuit Courts. The District Courts. Claims. Jurisdiction 
of federal courts. Appeals from state courts. Cases of 
ambassadors ; admiralty ; controversies of the United 
States ; controversies between states or citizens of dif- 
ferent states. Amendment XI.^ Original jurisdiction of 
the Supreme Court. Relation of the state courts. 
Criminal jurisdiction. Procedure. Ministerial officers. 
The district attorney. Complexity of our twofold sys- 
tem of courts. 

Supplementary Questions. — i. Consult the Constitution, 
Art. Ill, and the amendments for every point in regard to 
the courts. 2. So far as possible find illustration of juris- 
diction by means of actual cases. 3. What is said in the 
Constitution about jury trials ? 

Practical Questions. — i. Ascertain the present member- 
ship of the Supreme Court and report any facts available 
in regard to the justices. 2. What states compose the 
Ninth Circuit? Who are circuit judges therein? 3. What 
District Courts are there in California? their location? names 
of the district judges, attorneys, and marshals ? (See Political 
Almanacs.) 4. How are attorneys and marshals appointed, 
and what is their tenure ? 5. Has the United States any jails ? 
What does it do with its prisoners? 6. Who serve as jury- 
men? 7. Are there United States grand juries? 8. In 1893 
the Attorney-General of California brought suit (original) in 
the United States Supreme Court against the Southern Pacific 
Railroad Company of Kentucky for the possession of property 
known as the Oakland Water Front. How was this possible? 
After the city of Oakland had been allowed to show that it was 
interested in the matter, the court dismissed the case. Why? 
(See Report of Attorney-General of California, 1893-4, pp. 
7-12; 1895-6, p. 14.) 

1 See Ckisholm v. The State of Georgia, under sec. 4, below. 



90 THE JUDICIAL DEPARTMENT 

2. Bryce, Chapter XXII. The Courts and the 
Constitution 

Topics. — Nature of an American constitution. Differ- 
ences between England and the United States. Position 
of Congress, Function of the courts as regards acts of 
Congress. As regards state law. Four kinds of Ameri- 
can law. The business of the courts to determine when 
a conflict exists. Origin of this function. The people 
and the judges. Importance of judicial interpretation. 
Constitutional progress. The federal judiciary an elegant 
system. 

Supplementary Questions. — i . Upon which branch of our 
government has the success of our Constitution mainly de- 
pended? 2. Show how a written constitution grows, — how 
it really undergoes unwritten expansion. 3. How would 
greater freedom of amendment affect this development? 
4. Why must the courts always wait for questions to come 
to them? 5. What other methods of settling constitutional 
questions have been put forward or attempted, — e.g. Nul- 
lification ? Report upon them. 

Practical Questions. — i. What is the supreme law of our 
land? (Constitution, Art. VI.) 2. Who are bound to sup- 
port it? 3. Is it binding upon you? What duties does it 
or may it impose upon you ? 

3. Bryce, Chapter XXIII. The Working of the Courts 

Topics. — The courts and politics. How the dignity 
of the courts has been maintained. No interference in 
questions of government policy. Occasional colhsions 
between the courts and the executive. Professional 
spirit. Personal eminence of judges. Political attacks 
on the Supreme Court. Case of the Cherokee Indians 



THE JUDICIAL DEPARTMENT 9 1 

in Georgia. The Dred Scott case.^ The legal tender 
cases.^ The Electoral Commission. High character 
and dignity of the Supreme Court. The lower courts. 
The Supreme Court and public opinion. History of 
the chief-justiceship. How Congress and the President 
might override the court. 

Supplementary Questions. — i. Bring in biographical 
sketches of the Chief Justices, showing particularly the influ- 
ence of each one in determining the policy of the Supreme 
Court. (The list is as follows: John Jay, 1 789-1 795 ; John 
Rutledge, 1795; Oliver Ellsworth, 1 796-1 800; John Mar- 
shall, 1801-1835 ; Roger B. Taney, 1836-1864; Salmon P. 
Chase, 1864-1873; Morrison R. Waite, 1874-1888; Melville 
W. Fuller, 1888-.)^ 2. Report upon the part of the judges 
in the Electoral Commission of 1877. (See Lalor's Cyclo- 
pedia. Article on Electoral Commission.) 3. Is there any 
evidence now of encroachments of the federal courts upon 
the other branches of the government? 4. Is our state 
judiciary ill paid? 

4. Noted Federal Decisions 

The following list of cases decided by the Supreme Court of the 
United States is taken from among those referred to in Channing 

1 For the opinions of the court in the Dred Scott case, see American 
history leaflets, No. 23 ; MacDonald, Select documents, No. 91 ; and 
references therein mentioned. The decision is found in the Supreme 
Court Reports, 19 Hozvard, 393. Abridgment in Thayer's Cases on 
constitutional law, 1 : 480. 

2 For the opinions in the legal tender cases, see Thayer's Cases on 
constitutional law, II : 2215-73. 

3 References: Hitchcock, Constitutional Development as influenced 
by Chief Justice Marshall; and Biddle, Constitutional Development as 
influenced by Chief Justice Taney, — both in University of Michigan 
Political Science Lectures, 1889. Flanders, Lives of the Chief Justices, 
2 vols. (Jay to Marshall). See also National Cyclopaedia of American 
Biography ; Appleton's Cyclopaedia of American Biography ; and indi- 
vidual biographies. 



92 THE JUDICIAL DEPARTMENT 

and Hart's Guide, § 185. These decisions belong to the earlier 
history of the court, and were all of importance in settling constitu- 
tional questions and in determining the powers of the national gov- 
ernment. If the decisions are accessible to pupils, it will not be 
going beyond the capacity of an advanced class to assign a case to 
a pupil for individual study and a written report to the class. This 
report should cover the following topics : — 

1. Statement of the facts of the case. ' 

2. The constitutional questions involved. 

3. A summary of the argument upon each question. 

4. A statement of the effect of the decision upon the national 
government (or upon the states). 

The material referred to below is as follows : 

United States Supreme Court Reports, cited, as is 
customary for reports previous to 1882, by the name of 
the court reporter, e.g. 2 Dallas, 419; the first number 
standing for the volume, the second for the page. 

Thayer. Cases on constitutional law, 2 vols. — a most 
valuable work, containing selected decisions somewhat 
abridged, arranged by subjects, and annotated. 

Boutwell. Constitution at the end of the first century, 
— states the most important cases briefly, and shows the 
constitutional effect of the decision. 

The date of the decision is given below with each case. 

List of Cases 

1. Limiting the Powers of the States 

1793. Chishohn v. The State of Georgia. 2 Dallas, 419. 
Decided that the Constitution allowed a state to 
be sued in the federal courts by a citizen of another 
state. See Bryce, p. 1 74. Argument as quoted at 
length in a later case in Thayer, 1 : 295. Boutwell, 
ch. xxxviii. 



THE JUDICIAL DEPARTMENT 93 

1 810. Fletcher N. Peck. 6 Cranch, 87. 

Brought the prohibition of a law impairing the 
obhgation of contracts (Constitution, Art. I, sec. 
10) to bear upon the acts of a state legislature. 
Thayer, I : 1 14-123. Boutwell, ch. xxiii. 

1 816. Martin v. Hunter's Lessee, i Wheaton, 304. 

Declared an act of a state legislature unconstitu- 
tional. This decision contains a valuable discussion 
of the relation of a state to the union. Thayer, I : 
123-132. Boutwell, ch. lix. 

1819. Stuj'ges V. Croivninshield. 4 Wheaton, 122, 

Declared an act of a state legislature unconstitu- 
tional. This decision discusses the principles of 
construing the Constitution. Thayer, I: 268-270. 
Boutwell, 207, 255. 

1 8 19. Trustees of Dartmouth College v. Woodward. 
4 Wheaton, 518. 

Set aside state laws impairing the obhgation of 
contracts. Thayer, II: 1564-1579. Boutwell, ch. 
xxviii. 

1832. Worcester v. The State of Georgia, 6 Peters, 

515- 

Upheld the authority of the United States against 

state officers in matters relating to an Indian tribe, 

and declared an act of a state legislature void, as 

being repugnant to the Constitution. See Bryce, 

pp. 193, 281. Thayer, I: 583. Boutwell, ch. xxiv. 

2. Declaring Acts of Congress Void 

1803. Marbury y. Madison, i Cranch, 137. 

Upheld the supremacy of the written Constitution. 
Thayer, 1 : 107-114. Boutwell, 486, 589. 



94 



THE JUDICIAL DEPARTMENT 



3. Implied Powers asserted 

1796. HyltonY. United States. 3 Dallas, 171. 

Decided that Congress had authority to impose a 
tax upon carriages. Full discussion of the powers 
of taxation conferred upon Congress by the Consti- 
tution. Thayer, II : 13 15. Boutwell, § 82. 
1 8 1 9 . J/ ' Culloch V. The State of Maryland. 4 Wheaton, 
316. 

Decided that the incorporation of the United 
States Bank was constitutional, and that the law of 
Maryland, taxing the bank, was void. Thayer, I; 
271-285. Boutwell, ch. viii. 

Using the facts ascertained in the study of this chapter, 
write out the following : 

Schedule 
United States Judiciary as seen in California 



Courts 


Terri- 
tory 


Location 
OF Court 


Judges and 

Other 

Officers 


Resi- 
dence 


Previous 
Public 
Service 


( Northern District 
( Southern District 
Ninth Circuit 
Circuit Court of 

Appeals 
Supreme Court 













Record of Recent Cases or any Items of Judicial 

Business 

Let the pupil fill out a record from his own observation 
or from newspaper reports. 



THE FEDERAL SYSTEM 95 

CHAPTER IX 

THE FEDERAL SYSTEM 

1. Bryce, Chapter XXIV. Comparison of the Ameri- 

can and English Systems 

Topics. — The problem of an executive. Ideas of the 
American founders. Three main conclusions. Protec- 
tion of the executive. Relation of the courts. Results. 
Encroachments of the legislature. English methods of 
adjusting the legislature and the executive. American 
methods. Difference of doctrine. Suggested changes. 
History of conflicts between Congress and the President. 
Party government. Summary of the results of the system 
of separation. An aptitude for politics the strength of 
America. 

Supplementary Questions. — i. Report a full historical 
account of each one of the contests mentioned between the 
President and Congress. 2. Can additional instances be 
found in the repeal of the Silver-purchasing Act in 1893, or in 
the Declaration of War against Spain in 1898? 3. Should the 
executive secretaries be given seats in Congress? 4. State 
reasons why the union of the executive and the legislature is 
satisfactory in England. 5. State reasons why the legislature 
and the executive are separated in America. 

2. Bryce, Chapters XXV-XXVI. The United States 

Federal System 

Chapter XXV. General Observations on the Frame of 
National Government. Topics. — Criticism of the system 
of electing the President, — pivotal states, waste of time 



96 THE FEDERAL SYSTEM 

and energy, risk of failure to elect, discontinuity of pol- 
icy, uselessness of the Vice-President. Defects in Con- 
gress. Lack of true leadership. All defects reducible 
to two, — excessive friction and want of executive unity. 
Four essentials of a representative system, — are they 
secured in the American system? Congress and the 
voters. Independence of the judiciary. Two main 
principles of American government. European difficul- 
ties from which America is free. Success of the national 
government. 

Supplementary Questions. — i. Point out the evidence that 
has been presented for each specific criticism in this chapter; 
state whether the criticism is well founded or not ; suggest 
what remedy can be found for each defect pointed out. 2. Is 
America to continue "in a world of her own"? If not, what 
changes in governmental methods will be required ? 

Chapter XXVI. The Federal System. Topics. — Two 

points of conflict in 1787. Questions settled by the 
Civil War. Distribution of powers between the national 
and state governments. Classes of powers. Nature of 
national powers. Nature of state powers. Powers exer- 
cised concurrently. Prohibitions on the national govern- 
ment. Prohibitions on the states. Exceptions and want 
of uniformity. State powers original. National powers 
delegated. National authority over citizens. States not 
dependent. Relation of the national government to 
the states. Legal supremacy of the states. Remarkable 
omissions in the Constitution. 

Supplementary Questions. — i. Search out the particular 
clause in the Constitution for each one of the prohibitions on 
the national government ; on the states. 2. Suppose that 



THE FEDERAL SYSTEM 97 

a state should fail or refuse to send representatives to Con- 
gress, could the national government do anything? 3, Would 
it have been proper to provide for coercing a state ? 4. Would 
any good have been accomplished by a constitutional clause 
forbidding secession ? 



3. Bryce, Chapter XXVII. Working Relations of the 
National and the State Governments 

Topics. — Means of adjustment between the United 
States and the states. Working relations. Points of 
contact. How the states help form the national gov- 
ernment. Power of federal courts over the states. 
Power of Congress over the states. Method of deter- 
mining authority. The recent constitutional amend- 
ments. Interference in a state by the President. En- 
forcement of civil rights. Disturbances. The United 
States and its citizens. Order of obedience. Limits 
of judicial authority. State judges not bound by federal 
decisions. Federal authority direct. Means of enforc- 
ing. Resistance by state officers. Resistance to the 
Embargo Acts, etc. Settlements by the Civil War. 

Supplementary Questions. — i . Look up the constitutional 
provision for each point in which the states help to form the 
federal government. 2. Is there any jealousy now toward 
federal legislation or federal interference ? 3. What was the 
value of the federal support to California authorities in the 
railroad strike of 1894? 4. Report the history of each case 
mentioned of resistance to federal law. 5. Was civil war 
necessary to decide the questions of state rights? 6. Why 
has centralization been so much feared? 7. Is centrahzation 
now in progress? 

H 



98 THE FEDERAL SYSTEM 



4. Bryce, Chapters XXVIII-XXIX. Defects and 
Merits of Federalism 

Chapter XXVIII. Criticism of the Federal System. 
Topics. — Necessity of a federal system. The faults 
commonly charged. Their causes. Management of for- 
eign relations. Weakness in domestic government. Lia- 
bility to dissolution. States combined into groups. Lack 
of uniformity in private law. The struggle over slavery. 

Supplementary Questions. — i . Was any form of national 
government but federalism possible in 1789? 2. What was 
its real alternative? 3. Find instances of equally serious evils 
in the history of centralized states. 4. Do not the faults 
pointed out belong rather to the imperfections of our national 
life rather than to the federal form of government? 

Chapter XXIX. Merits of the Federal System. Topics. 

— Two lines of argument in behalf of federal government. 
Arguments in behalf of Federalism proper. Arguments 
in behalf of local self-government. Further benefits. 
Conclusions drawn from American experience. Problem 
of all federal governments. Explanation of American 
success. 

Supplementary Questions. — i. Do our people value highly 
the separate authority of the state of California? 2. Do our 
people value highly the opportunities of local self-govern- 
ment? 3. What is the effect of national politics upon sepa- 
rate state action? upon local self-government? 4. Show how 
the French Revolution of 1789 illustrated the evils of inexperi- 
ence in local self-government? 5. Make a list of the merits 
of our federal system. 6. Can you add anything to Mr. 
Bryce's comments on either the faults or the merits of Fed- 
eralism ? 



DEVELOPMENT OF THE CONSTITUTION 99 

5. References on Other Federal States 

Statesman's Year Book. Accounts of constitutions of 
the following : Argentine Republic/ Brazil, Germany, 
Mexico, Netherlands, Peru, Switzerland, Venezuela. 

Report upon such of the above states as are described 
in the following works : 

Sergeant, ed. Government year book. 
Wilson. The state. 
Hart. Federal government. 

Freeman. History of federal government (Greece 
and Italy). 

See also cyclopedia articles as follows : 

Lalor. Cyclopedia. Article on Confederation. 
Encyclopedia Britannica. i\rticle on Federal govern- 
ment. 

Johnson's Cyclopedia. Article on Federation. 



CHAPTER X 

DEVELOPMENT OF THE CONSTITUTION 

1. Bryce, Chapter XXX. Amendment of the 
Constitution 

Topics. — Two methods of proposing amendments. 
Two methods of adoption. One exemption from amend- 
ment. Classification of the amendments already added. 
Difficulty of carrying amendments. Advantages. 

1 Copies of the constitutions of these states (in English) in New York 
Constitutional Convention Manual, 1894, Pt. II : vol. III. 



lOO DEVELOPMENT OF THE CONSTITUTION 

Supplementary Questions. — i . Show the benefit of having 
two ways of originating, and two ways of enacting, amend- 
ments. 2. Read tlie amendments in connection with the 
chapter, and report on tlie following questions, a. Make a 
list of the personal rights guaranteed in the first ten amend- 
ments, b. Why was not this declaration of rights included 
in the original document? c. Was the Constitution improved 
by these ten amendments? d. Do any of these provisions 
apply to the state governments ? e. Relate the circumstances 
of the eleventh amendment, and point out precisely what 
change it produced, f. Relate the circumstances of the 
twelfth amendment, and state precisely what change it pro- 
duced, g. Relate the circumstances of the thirteenth amend- 
ment ; why was it necessary? h. How many distinct mat- 
ters are dealt with in the fourteenth amendment? How many 
of its provisions affect state governments ? What method is 
used to influence the suffrage laws? What suffrage is fa- 
vored? i. Was there any need of the fifteenth amendment? 
Is it consistent with the fourteenth? Has it been enforced? 
3. Is it reasonable to expect to accomplish reforms in the 
country by means of constitutional amendments? {e.g. tem- 
perance reform.) 4. Read Lalor's Cyclopedia, Article on 
Amendments, 1 : 607-610. Make a written summary. 

2. Bryce, Chapters XXXI-XXXIII. Development of 
the Constitution 

Chapter XXXI. Interpretation of the Constitution. 
Topics. — Brevity of the Constitution. Necessity of in- 
terpretation. The interpreting authorities. The courts 
and their province. Expansion by construction. Mar- 
shall's principles of construction, — powers must have 
been granted ; powers granted must be broadly con- 
strued. Three lines of development, — taxation, regula- 
tion of commerce, war powers. Assumption of power by 



DEVELOPMENT OF THE CONSTITUTION 1 01 

the executive or Congress. Purchase of Louisiana. Em- 
bargo acts. Powers used in dealing with secession. Re- 
straint of the interpreting authority, — by the character of 
the courts, by pubHc opinion. Prevalence of legal dis- 
cussion. Political parties associated with constitutional 
views. True relation of constitutional questions. Results 
of discussion. 

Supplementary Questions. — i . Show how the form and 
language of the Constitution bear evidence of the wisdom of 
its framers. 2. Find an example of some constitutional ques- 
tion that has been settled by the courts ; of one that has been 
settled outside the courts. 3. Gather from party platforms 
all expressions in regard to interpretation of the Constitution, 
and state what parties have favored a broad, and what ones 
a strict, construction, (See Cooper, American Politics, and 
McKee, ed. Political Platforms, Statistical Publishing Co., 
Washington.) 4. Are any living questions still debated on 
constitutional grounds ? 5. Read Lalor's Cyclopedia, Article 
on Construction, 1 : 612-613, and compare with Bryce. 

Practical Questions. — i . What parties are now in existence 
having a national organization? (See Political Almanac.) 

2. Does any one of these parties stand for strict construction? 

3. Point out some act of the present Congress that proves 
acceptance of a broad construction. 4. Was this measure 
opposed in Congress? 5. Was the opposition on constitu- 
tional grounds? If not, why not? (See also References on 
"Interpretation of the Constitution" in Chapter XX, below.) 

Chapter XXXII. Development of the Constitution by- 
Usage. Topics. — Expansion of the Constitution by cre- 
ation of new machinery. Modes of action that have 
been supplied : (i) by legislation ; (2) by usage. Illus- 
tration of this development. Expansion of the suffrage. 



102 DEVELOPMENT OF THE CONSTITUTION 

The higher law than the Constitution. The Constitution 
changes with the nation. 

Supplementary Questions. — i . Compare the American (or 
written) with the English (or unwritten) Constitution. In 
what points is there difference in character ; in what ways are 
they the same ? 2. What advantages has an unwritten con- 
stitution over a written ? 3. What advantages has a written 
constitution over an unwritten ? 4. Why is it better for new 
constitutional ideas to be developed slowly with the growth of 
the nation, than to have the Constitution subject to frequent 
written amendments ? (Consider France in the Revolutionary 
period.) 5. Read Tiedeman's The Unwritten Constitution of 
the United States, esp. chs. xi, xii. 

Chapter XXXIII. Results of Constitutional Develop- 
ment. Topics. — The force of time and habit. The 
original scheme of checks and balances. The struggle 
of every office to extend itself. Results thus developed, 
— the President, the Cabinet, Senate, Vice-President, 
Speaker, committee chairmen, the judiciary. Com- 
parison with Enghsh political growth. The struggle 
between the National government and the states. Vic- 
tory for the former. How the victory has been won. 
Underlying causes, — economic, moral. Real value of the 
written constitution. It has been a conservative influence. 

Supplementary Questions. — i. What is in reality the full 
extent of our constitutional history ? Does it begin with 
1789 ? 2. With what spirit and interest should we study 
our Constitution and our history ? 3. What are our duties as 
citizens ? 

From the work done in Part II, write out the following : 



DEVELOPMENT OF THE CONSTLTUTION 1 03 



General Survey 
The National Government of the United States 

1. Scope of the federal government. 

2. Position and power of the states. (See Am. X, 
Constitution of the United States.) 

3. Position of the terrritories. 

4. Organization of the United States 





. 
z u 

g s 

li 

S H 
U U 

in [ii 


w 

td < 

U X 

EW 

tn g 

5 « 

< M 


Powers and Duties 


Parts of the Government 


bo 

u 

T3 
Cl 
rt 
u 

d 

C 


< 
a 
u .0 


In War and Foreign 
Relations 


I. Legislative 

' House 
Congress -| Senate 

- Vice-President 
II. Executive 
President 
Cabinet 
Civil Service 
Diplomatic Service 
Army 
Navy 

III. Judicial 
Supreme Court 
Other Courts 

IV. Electors 

(Those who choose Repre- 
sentatives) 
V. Citizens 








• 


' 



PART III 

THE STATE GOVERNMENTS 

CHAPTER XI 

THE STATE AND ITS CONSTITUTION 

1. Bryce, Chapter XXXIV, Nature of the American 

State 

Topics. — Different origins of the early states. Natural 
groups of the present states. Characteristics of each 
group. Influences toward uniformity. State boundaries. 
Similarity of constitutions. Movement of population. In- 
fluence of communication. Influence of political parties. 
Parts peculiar to each state. Three important points, — 
states control voting ; states have absolute control over 
local communities ; states command allegiance of citizens. 
Doctrine of original sovereignty. Varying theories of 
sovereignty. What now are the rights of the states ? Jef- 
ferson's opinion of the National government. Double 
allegiance of iVmerican citizens. 

Supplementary Questions. — i. Are the state groups given 
by Mr. Bryce based on geography ? on industries ? on social 
conditions ? 2. Point out further differences between the 
groups. Consult the United States Census for facts in 
regard to industries, wealth, density of population, illiteracy, 
etc. 3. Examine the boundaries of California. To what 

105 



I06 THE STATE AND ITS CONSTITUTION 

extent are they natural ? Could they be improved ? 4. Is 
California a unit within itself ? Consider industrial interests, 
means of communication, etc. What interests have the people 
of Sierra County in common with the people of Colusa County ? 
How must one travel from Sacramento to reach the county- 
seat of Modoc County ? of Inyo County ? 5. Describe Cali- 
fornia topographically. 6. Describe the climatic regions of 
California. (See Climatic Maps.) What differences in natu- 
ral products correspond with these regions ? 7. Do the 
people of California copy the methods of other states in 
public affairs ? 8. Show what the government of California 
has to do with the management of your school. Does the 
United States government have anything to do with it ? 
9. Are you a citizen of California ? As such, what does 
California require of you ? Compare with your duties to the 
United States. Is there any danger of conflict ? 

2. History of California 

Brief Outline 

The earHest history of California belongs to the sub- 
ject of Spanish exploration and settlement in North 
America. The beginning of successful colonization was 
made under the auspices of Franciscan monks, who, from 
1769 to 1823, established a chain of missions in the val- 
leys of the coast region from San Diego to San Rafael. 
Pueblos or municipalities, organized under Spanish colo- 
nization laws, were estabhshed in this region. (For the 
extent of Spanish settlement, see map of CaHfornia in 
Bancroft. CaHfornia, vol. I.) Ocean traffic in the 
first half of the century brought American ships to the 
ports of San Diego, Monterey, and San Francisco, 
and a few citizens of the United States came here to 



THE STATE AND ITS CONSTITUTION 107 

live. It is said that about thirty hunters, who had worked 
their way overland into Cahfornia, had made more or 
less permanent homes here before 1835. Thomas O. 
Larkin, a native of Massachusetts, came to California 
in 1832, and became the owner of a store in Monterey. 
In 1844 Larkin was appointed consul by the United 
States government. Between 1839 and 1846 a number 
of Americans settled in the Sacramento Valley. The 
most prominent of these was Captain John A. Sutter, 
a native of Germany, but of Swiss family, and a citizen of 
the United States by naturalization, who received a grant 
of land in 1841, and built the fort which still stands 
within the present limits of the city of Sacramento. The 
war between the United States and Mexico brought with 
it the acquisition of Cahfornia by the United States, and 
the rush of population following the discovery of gold 
deposits in the old gravel beds of the Sierras compelled 
the organization of state government under the consti- 
tution of 1849. After numerous amendments, a new 
constitution was drafted and adopted in 1879, which, 
with its amendments, is still the fundamental law of the 
state. 

Population of California 

1790 to 1846, estimates of white population given by 
Bancroft ; later figures from United States Census. 

1790 990 1850 92,597 

1800 1,800 i860 379,994 

1810 2,130 1870 560,247 

1830 4j25o 1880 864,694 

1840 ...... 5,780 1890 .... 1,208,130 

1846 . . 8,000 to 12,000 1900 .... 



I08 THE STATE AND ITS CONSTITUTION 

Growth in Wealth as Shown by Assessed Valuation 

OF Property 

(Taken from Chronicle Almanac, 1899. See also reports of Board of 
Equalization and State Controller.) 







Assessed Value 


Percentage 






Total Assessed 


OF Personal 


OF Personal 


Rate of 


Year 


Valuation 


Property 


Property 


State Tax 


1850 


157,670,689 


^13,968,797 


24.22 


^0.50 


i860 


148,193.540 


68,369,383 


46.06 


0.60 


1870 


277.538,134 


108,001,588 


38.90 


0.865 


1880 


666,399,985 


174,514,906 


26.18 


0.64 


1890 


1,101,137,290 


169,489,475 


15-39 


0.58 


1898 


1,130,885,697 


128,855,959 


11-39 


0.488 


1899 










1900 











Questions. — According to these figures, which shows the 
greater increase, real estate or personal property ? What is 
the probable explanation of this? What proportion of the 
state taxes in 1898 was borne by real estate? Why should 
the rate of tax vary from year to year? Compare the in- 
crease of wealth with the increase of population since 1850. 

References on the History of California 

Bibliography 

Winsor. America, VIII : 254-261. 
Bancroft. California. See "Pioneer register and 
index," in vols. II-V. 

Bancroft. California pastoral, ch. xxii. 

I. Spanish California (to 1846) 

Accounts of the Spanish colonization of California, and 
of California life to the time of American settlement. 
Works in Spanish not included. 



THE STATE AND ITS CONSTITUTION 109 

General Works 

Royce. California, ch. i. 

Winsor. America, VIII : 210-232. 

Hittell. California, I : bks. iii, iv ; II : bks. v, vi. 

Bancroft. California, vols. I-IV. 

McClellan. Golden state, chs. i-v. 

Norman. California, chs. v-xi. 

Tuthill. California, chs. vi-xiii. 

Special Topics and Magazine Articles 

Doyle. History of the " Pious Fund " (foundation of 
the missions). 

Dwindle. Colonial history of San Francisco (record 
of land grants). 

Blackmar. Spanish colonization. (In Johns Hopkins 
University Studies, VIII : No. iv.) 
Hittell. California under the friars. 

CaHfornian (May, 1881), III: 432. 

Stillman. Footprints of early California discoverers. 

Overland (March, 1869), II: 256. 

Victor. Studies of the missions. CaHfornian 

(May, June, July, 1882), V : 289, 514; VI : 15. 

Shinn. Spanish- Californian schools. 

Educational Review (June, 1893), VI : 30. 

Early or Partly Contemporary Works 

(The date of publication is given in parenthesis after each title.) 

Bryant, E., What I saw in Cahfornia (1849). B>ana, 
R. H., Two years before the mast (1840). Capi'on, 
E. S., Cahfornia, pt. i, ch. i (1854). Dam's, W. H., 



no THE STATE AND ITS CONSTITUTION 

Sixty years in California (1889). Farnham, T.J., Life 
and adventures in California (1846). Forbes, A., Cali- 
fornia (1839). Fremont, J. C, Geographical memoir 
(1849). ^:^^^^,y., California, chs. ii-iv (1850). Robin- 
son, A., Life in California (1846). Soitle and others, 
Annals of San Francisco, pt. i (1854). 

II. American Settlement (1846-1850) 

Accounts of the coming of Americans, of the acquisi- 
tion of the land in the Mexican war, of the influx of 
population after the gold discovery, and of the organiza- 
tion of state government in 1 849-1 850. 

Royce. California, chs. ii-iv. 
Hittell. California, II : bk. vii. 
Bancroft. California, V ; VI : chs. i-xiii. 
Tuthill. Cahfornia, chs. xiv-xvi. 
McClellan. Golden state, chs. vi-ix. 
Bryant. California, chs. xxvi-xxxv. 
Norman. Cahfornia, chs. xii-xiv. 
Frost. California, chs. v-ix. 
Capron. California, pt. i, ch. ii. 

Special Topics and Magazine Articles 

Winsor. America, VII : ch. vi (Mexican v^ar). 

Jones. Conquest of Cahfornia. (In California Histori- 
cal Society publications, pt. i, ch. vi.) 

Ide, S. Sketch of W. B. Ide and the Bear Flag party. 

Shinn. Mining camps. 

Browne. Report of the debates in the convention on 
formation of the state constitution (1849). 



THE STATE AND ITS CONSTITUTION III 

Bidwell. The bear flag. 

Overland (May, 1895) XXV : 506. 
Farwell. Fremont's place in California history. 

Overland (Nov., Dec, 1890) XVI: 519, 575. 
Shinn. " The Bears " and the historians. 

Overland (Nov., 1890) XVI : 53. 
Fitch. How Cahfornia came into the Union. 

Century (Sept., 1890), XL: 775. 
Fremont. Conquest of California. 

Century (April, 1891), XLI : 917- 
Shinn. Cahfornia's golden prime of forty-nine. 

Magazine of American history, XII : 433. 

Contemporary Writings 

(The period covered is indicated by the dates in parenthesis after each 

title.) 

Benton, T. H., Thirty years' view, II : chs. clxiv, cxcvi 
(1845-1850). Bryant, E., What I saw in Cahfornia 
( 1 846-1 847). Buffujn, E. G., Six months in the gold 
mines (1849). Cclton, W., Three years in Cahfornia 
(i 846-1 849). Davis, W, H., Sixty years in Cahfornia, 
ch. xlviii, etc. (i 846-1 850). Downie, W., Hunting for 
gold, (1849). Dunbar, E. E., Discovery of gold. Ras- 
kins, C. M., Argonauts of Cahfornia (mining Ufe, 1849). 
Johnson, T. T., Sights in the gold region (1849). Letts, 
J. M., California illustrated (1849). Revere, J. W., 
Tour in Cahfornia (i 845-1 849). Ringgold, C, Memoir 
and maps of California (Bay of San Francisco and vicin- 
ity, 1849-1850). Robinson, E., California and its gold 
mines. (Contains J. H. Colton map, 1849.) Stillman, 
/. D. B., Seeking the golden fleece (1849). Taylor, B., 
El Dorado (1849). Upham, S, C, Voyage to Cahfornia 



112 THE STATE AND ITS CONSTITUTION 

(1849-1850). Williams, A., Pioneer pastorate (inci- 
dents of moral and religious life, 1849-1854). 



III. Growth of the State (after 1850) 

A view of the political history of the state, together 
with facts of industrial development, and some phases of 
social life. 

General Works 

(The end of the period covered is indicated by the date in parenthesis.) 

Royce. CaUfornia, ch. vi (to about i860). 
Hittell. California, vols. Ill, IV (to 1889). 
Bancroft. Cahfornia, VI: chs. xiv, etc.; VII (to 
1890). 

Capron. California, pt. i, ch. iii (to 1854). 
Norman. California, chs. xv-xxv (to 1880). 
McClellan. Golden state, chs. xxiii-xxvi (to 1872). 
Tuthill. California, chs. xx-xliii (to 1866). 

Special Topics and Magazine Articles 

Willey. College of California. 

Davis, W. J. Pohtical conventions, 1849-1892. 

O'Meara. Broderick and Gwin. 

Cahfornia blue book, 1895 (state capitals, great seal, 
etc.). 

Cummins. Story of the files ; California writers and 
literature. 

Atherton. Literary development of California. 

Cosmopolitan (Jan., 1891), X: 269. 



THE STATE AND ITS CONSTITUTION II3 

George. Kearney agitation. 

Popular Science (Aug., 1880), XVII : 433. 
Hittell. Observations on the new constitution. 

Ovei-land (Jan., 1883), XII : 34. 

Travels and Descriptive Works 

(The period covered is indicated by the date in parenthesis.) 

Bancroft, Tourists' guide (1871). Bartlett,J. R., Ex- 
plorations and incidents in . . . California, II : chs. xxii- 
XXV (1852). Borthwick,/. D., Three years in CaUfornia 
(1851-1854). Brace, C. L., The new West, — CaHfornia 
in 1 86 7-1 868. Cronise, T. F., Natural wealth of Califor- 
nia (1868). Field, S. /., Early days in Cahfornia (1849- 
1877). i^/j-/z<fr, /^r. J/"., The Californians (1875). I/am- 
ilton, W., The new empire (1886). Hittell, J. S., Re- 
sources of Cahfornia (1862, 3d ed. 1867). Markham, 
H. H. Governor (E. W. Mashn, editor), Resources of 
California (1893). Pubhshed by Superintendent of State 
Printing. Noj-dhof, C, California for health, pleasure, 
and residence (1882). Pacific Bank, Handbook of Cah- 
fornia (1888). Powell,/., The golden state (1874). San 
Francisco Call, California as it is (1881). Seyd, E., Cali- 
fornia and its resources (1858). Stoddard, C. A., Beyond 
the Rockies (1894). Taylor, B., At home and abroad, 
ch. ii (1859). Ticrrill, C. B., California notes (1876). 
Weed, J., California as it is (1876). 

Constitution of 1879 
Cahfornia constitutional convention, proceedings, 1878- 

1879. 3 ^^^^• 
Davis. Pohtical conventions in California, 390, etc. 
Hittell. California, IV : ch. xi. 



114 ^-^^ STATE AND ITS CONSTITUTION 

Bancroft, California, VII : ch. xv. 
California blue book for 1895. 

3. Bryce, Chapters XXXV-XXXVI. Organization 
of the States 

Chapter XXXV. State Constitutions. Topics. — Na- 
ture of state constitutions. Their origin. Charters of 
guilds and trading companies. Massachusetts Bay Com- 
pany. The Massachusetts charter of 169 1, and its rela- 
tion to the charter of the company. Virginia charter of 
1609. Relation of charters to state constitutions. Com- 
parison with British colonies. Revision of constitutions. 
Method of enactment. Independence of the National 
government. Instance of Delaware. Interpretation of 
state constitutions. Constitutions are direct legislation. 



■'to' 



Supplementary Questions. — i . Look up the following doc- 
uments mentioned in the chapter, report upon their contents, 
and collect the evidence for Mr. Bryce's points essential to a 
constitution, — "a frame of government established by a supe- 
rior authority, creating a subordinate law-making body," p. 299. 

References on the Charters 
List of Books 

Gross. The gild merchant. 

Cawston and Keane. Early chartered companies. 

Traill. Social England. 

Winsor. Narrative and critical history of America. 

Poore. Charters and constitutions. 

Preston. Documents illustrative of United States his- 
tory. 

Fisher. Evolution of the constitution of the United 
States. 



THE STATE AND ITS CONSTITUTION I15 



List of References 



Company 



a. A trade-guild 



b. Merchant adven- 
turers, 1463 



c. East India Co. 
1600I 



d. Virginia Co., 

1606^2 

e. Virginia Co., 1609 

f. Massachusetts 

Bay Co., 1629 

g. Fundamental 

Orders of Con- 
necticut, 1638 

h. Connecticut, 1662 

i. Rhode Island, 

1663 
j. Massachusetts, 

1691 



Descrh'tion of Charter 



r Gross, vol. I. Traill, 
see index. Also cy- 
clopedias 

Cawston and Keane, 
ch. ii 
[Gross, vol. I: 148-157 

[Cawston and Keane, 
ch. vii 



[Cawston and Keane, 
-i ch. X 
'^Fisher, 26-32 

Ditto 

r Cawston and Keane, 

! ch. X 

[ Fisher, 37-40 

I Cawston and Keane, 

I ch. X 

[Fisher, 41-44 

Fisher, 44-47 
Fisher, 44-47 
Fisher, 62-65 



Charter Reprinted 



fKing John's grant 
I to the town of 
j Ipswich, 1200 
I A.D. Gross, vol. 
L 1:7-8 



(Summary in Calen- 
! dar of State 
■j Papers, Colonial 
I — East Indies, 
I 1513-1616 

j Poore, Part II 
i Preston, 1-13 

Poore, Part II 
Preston, 14-21 

j Poore, Part I 
I Preston, 36-61 

( Poore, Part I 
"* Preston, 78-84 

( Poore, Part I 
^ Preston, 96-109 
I Poore, Part II 
( Preston, 1 10-129 

Poore, Part I 



1 A summary of the charter of the East India Co. is given in Ander- 
son, Commerce of the British Empire, II: 196-197. London, 1787; 
Harris, Voyages, 1 : 875. London, 1764. 

2 For all the American charters, see accounts in Winsor and in colo- 
nial histories, referred to in Chapter I, above. 



Il6 THE STATE AND ITS CONSTITUTION 

2. Describe the general form of government of the colonies. 
3. Show why Connecticut and Rhode Island had less to do 
than any others in organizing state government. 4. Make 
out a list showing how many constitutions each state has had. 
(See Poore, Charters and Constitutions, and references in 
sec. 6 below). 5. Why has the tendency been to make 
amending easy? 

Chapter XXXVI. Contents of State Constitutions. 
Topics. — Scope of state constitutions. Parts of a nor- 
mal constitution. The Bill of Rights and its value. Curi- 
ous provisions. Miscellaneous matters. How constitu- 
tions are confused with codes. Distrust of legislatures. 
Interpretation. Powers of legislatures. Comparison with 
Parliament. General attitude of the courts. 

Supplementary Questions. — i . Examine the Constitution 
of California (see sec. 4) and classify its articles under the 
heads suggested by Mr. Bryce. What proportion of miscel- 
laneous matter is found? 2. Examine its Declaration of 
Rights and compare the provisions with the first ten amend- 
ments of the United States Constitution and with the English 
Bill of Rights of 1689. What provisions are the same? Why 
are the California provisions so numerous? What provisions 
of the California declaration are not really rights? Why are 
they placed here? 3. Of the " curious provisions" mentioned 
by Mr. Bryce check off those found in the California docu- 
ment. Is it a good example of its class? 4. Make a list of 
all the provisions that may be considered miscellaneous, i.e. 
not absolutely essential to the frame of a state government. 
Account for any of these being placed in the Constitution. 
(See Reports of the Constitutional Convention of 1879, sec. 2, 
above.) 5. Find distinct evidence that the legislature is dis- 
trusted. 6. Are the people of California satisfied with the 
Constitution? 



THE STATE AND ITS CONSTITUTION liy 

4. The Constitution of California 

There are many editions. Copies may easily be ob- 
tained as follows : 

Bryce. American commonwealth. Unabridged edi- 
tion. App. to vol. I. 

California school law. Appendix. (Issued for school 
use from office of superintendent.) 

Civil government. State Series. Appendix. 

Desty, ed. Constitution of Cahfornia. (Contains 
both constitutions side by side.) 

State blue book. (Contains the constitution and much 
other valuable material. Issued by secretary of state for 
use of officers.) 

5. Bryce, Chapters XXXVII, XXXVIII. The Consti- 
tution and the People 

Chapter XXXVII. The Development of State Consti- 
tutions. Topics. — Three periods of state constitutions. 
Characteristics of the first period. Second period one 
of democratization. The third period shows reaction. 
Similarity of Western and Southern constitutions. Ten- 
dencies displayed, — to grow in length; toward minute 
limitations of enlargement of suffi-age ; to be more demo- 
cratic. Variation among the states. Causes of difference. 
Distrust of officers. Jealousy of the federal government. 
Protection of private property. Sphere of state control. 
Humanitarian sentiment. Schools. Are the constitutions 
observed ? 

Supplementary Questions. — i. Look up successive consti- 
tutions of particular states, — as Massachusetts, New York, 
Ohio, Louisiana, Mississippi, Texas, — and report on the 



Il8 THE STATE AND ITS CONSTITUTION' 

changes in length and general features. ^ 2. Compare the 
present Constitution of California with its predecessor, and 
report in the same way. 3. Read HittelPs History of Cali- 
fornia, vol. IV, ch. xi, and report upon the conditions under 
which the present Constitution was framed and adopted. 
Compare also the other references on the constitution of 1879, 
given above. 4. Get together the amendments that have 
been made to the document of 1879. What do they show.'' 

Chapter XXXVIII. Direct Legislation by the People. 
Topics. — Direct legislation in the United States. Origin 
of the system. Growth of democracy and loss of con- 
fidence in legislatures. Two methods employed. Use 
in local government. Disadvantages ; loss of stabihty. 
Tendency conservative on the whole. State constitutions 
better made than statutes. 

Supplementary Questions. — i. How was our state consti- 
tution framed? 2. How was it adopted? (See Art. XXII.) 
3. How can it be amended? (See Art. XVIII.) 4. How 
can another constitution be substituted? (See Art. XVIII.) 
5. Look up the returns of recent state elections (see State 
Blue Book) : How many amendments were submitted? How 
many were adopted? What other propositions were voted 
on? Were the people conservative? 6. Find other uses of 
the referendum. (See Art. XVI.) 7. What is meant by 
referendum? 8. In what sort of cases is it valuable? 

1 Constitutions may be found as follows : Of all states to 1878 in 
Poore, Charters and Constitutions. Those in force at the dates given, 
— 1853, Barnes, pub. Constitutions of the Several States. 1871, Hough, 
American State Constitutions. 1894, New York Constitutional Conven- 
tion Manual. 



THE STATE AND ITS CONSTITUTION II9 

6. The History of Various States. — References 

(These books are to be used for further material in the study of the 
States, by means of individual reports and class discussion,) 

Transition from Colony to State 

Hart. Formation of the Union, 73-82. 

Stevens. Sources of tlie constitution, 35-39. 

Channing. United States, 83-87. 

Jameson. Constitutional convention. §§ 125-259. 

Andrews. United States, 1 : 154-178. 

Pitkin. United States, II : ch. xix. 

Tyler. Patrick Henry, ch. xii (Virginia). 

Roosevelt. Gouverneur Morris, ch. iii (New York). 

State Constitutions and Government 

Ford. American citizen's manual, pt. ii : chs. iii, iv. 

Willoughby. Government of the United States, ch. xiv. 

Hitchcock. State constitutions. 

Frothingham. Rise of the repubhc, 441-444, 447-45 1, 
481-482, 491-493. 561-568. 

Fiske. Critical period, ch. ii. 

Bancroft. United States, Zaij-/ rmj/*?;?, V : 111-125. 

Hildreth. United States, III : 69-76,89-95,113-118, 
126-131, 135, 161, 183-185, 374-395- 

Stevens. Sources of the constitution, 249-267. 

Borgeaud. Adoption and amendment, 13 7-1 91. 

Schouler. United States, II : 208-213 (states in 1813). 

McMaster. People of the United States, III : 146- 
162. 

Palmer. Historical register, 1 : 1-13 (states in 181 2). 

Ramsay. United States, II : ch. xii. 



I20 THE STATE LEGISLATURE 

Schouler. Constitutional studies, pt. iii. 
Davis. American constitutions. (In Johns Hopkins 
University Studies, III : Nos. ix, x.) 

Hart. Practical essays, 20-57 (use of the suffrage). 

American Commonwealth Series 

Royce. California, chs. iii, iv, vi, to 1857. 

Johnston. Connecticut (bibUography, p. 397), to 1865. 

Dunn. Indiana, to 1819. 

Spring. Kansas (bibhography, p. 323), to 1863. 

Shaler. Kentucky (bibliography, p. 424), to 1865. 

Browne. Maryland, to 1781. 

Cooley. Michigan, to 1880. 

Carr. Missouri, to 1865. 

Scudder. New York, vol. II, to 1885. 

Barrows. Oregon, to 1880. 

King. Ohio, to 1865. 

Robinson. Vermont, to 1865. 

Cooke. Virginia (bibliography, p. vii), to 1865. 



CHAPTER XII 

THE STATE LEGISLATURE 

1. Bryce, Chapter XXXIX. State Governments : The 

Legislature 

Topics. — Similarity of state governments. Its expla- 
nation. Genealogy of American governments. Parts 
found in every state. Separation of legislature and 
executive. Composition of legislature. Election. Dif- 



THE STATE LEGISLATURE 121 

ferences between the houses. District system of repre- 
sentation and its results. The idea of equaUty. The 
suffrage. Women as voters. Relation of the suffrage 
to the United States government. Number of members 
in the legislature. Compensation. Sessions. Origin of 
bills. Special powers of the Senate. Methods of proce- 
dure. Relation of the legislature to the executive offices. 
The governor's veto. Constitutional restrictions on the 
legislature, — in subject-matter, in procedure. Unconsti- 
tutional acts. Resolutions. Discussions. 

Supplementary Questions. — i. What older states have had 
a noticeable influence upon the Constitution of California? 
(See Royce, California, 246-270.) 2, Make out the gene- 
alogy of the California Constitution. 3. Is any unwise or 
unsuitable legislation ever prevented by having two houses.? 
4. Ought the legislators to be elected by districts ? 5. Ought 
the requirement of district residence to be maintained ? 
6. Why should women have municipal suffrage when they 
do not have the general suffrage ? 7. What reasons can you 
give for or against a property qualification for voting ? an 
educational qualification ? 8. Should paupers be allowed to 
vote ? 9. Ought the legislators to be paid ? If so, how 
much ? 10. Should the length of the session be Hmited ? 
II. Should the legislature meet annually? 12. Why should 
the governor have a veto ? 

2. Constitution of California, Articles III, IV 

Questions. — i . How is the legislature composed ? 2. How 
is the Assembly composed ? number of members ? how 
elected ? date of the election ? term of office ? 3. How are 
the Assembly districts determined ? when and how may they 
be changed ? 4. Answer the same questions for the Senate as 
for the Assembly in No. 2. 5. What difference is there 



122 



THE STATE LEGISLATURE 



between the Senate districts and the Assembly districts ? 
6. What are the quaHfications of senators ? of assembly- 
men ? 7. Who vote for the members of the legislature ? 

8. What is the compensation of members of the legislature ? 

9. When does the legislature meet ? How is the length of 
the session limited ? 10. How is each house organized? 
1 1 . What control has each house over its members ? 12. How 
many constitute a quorum ? 13. How many votes must a 
measure have for adoption ? 14. What authority has the 
governor over the sessions of the legislature ? 15. What is 
the procedure in the enactment of bills ? 16. What is the 
authority of the governor in legislation ? 17. What is the time 
limit on the introduction of bills ? 18. What special power 
has the Assembly ? 19. What are the special duties of the 
Senate ? 20. What restrictions are placed upon the subject- 
matter of legislation ? upon the method of procedure in 
legislation ? 21. What commands are given to the legisla- 
ture ? (See also Arts. VI, VIII, IX, XI, XIII.) 22. "What 
answer can be given to the question : " What are the powers 
of the legislature ? " From the information gathered above 
complete the following : 

Schedule 
Structure and Powers of the California Legislature 



Senate 



Assembly 



Number 



Organization 



Mode of 
Election 



Special 
Powers 



THE STATE LEGISLATURE 



123 



Both Houses 
with the 
Governor 



Procedure 



Initiation Final Action 



Powers in Legislation 



3. Practical Questions on the Legislature 

I. Examine a map of California showing the present 
Assembly districts, and report on the following : Do they 
mark off natural areas ? How much do they vary in size ? 
in shape ? Which is the largest ? Which is the smallest ? 
Are the districts of any use ? In which district do you 
live? 2. The same questions maybe answered for sena- 
torial districts. 3. Why should the members of the 
legislature be elected by districts ? 4. Why should they 
be residents of the districts? 5. Who were the candi- 
dates for election in your district at the last election? 
Report any facts obtainable about the occupation, edu- 
cation, and previous public service of each one. Who 
was elected? What reasons can be given for the choice? 
6. When was the last session of the legislature ? Consult 
the State Blue Book for the roll of members and report 
upon the following points : average age, common occu- 
pations, education, and previous public service. Can 
any differences be detected between the Senate and the 
Assembly? On the whole, was the legislature a well- 



124 THE STATE LEGISLATURE 

chosen body of men ? 7. How long did the last session 
continue? (Consult newspaper files.) What pay did each 
member receive? What other expenses were incurred? 
(Consult Report of State Controller.) Ought the pay of 
the legislators to be greater? 8. Consult the State Blue 
Book and report the full list of officers of each house of 
the last legislature ; the number of attaches ; the full list 
of standing committees. In what ways do the commit- 
tees increase the expenses of the legislature? 9. When 
did the governor last send a regular message to the legis- 
lature? (See Cal. Const., Art. V, sec. 10.) Consult the 
files of daily newspapers and find a copy. What recom- 
mendations were made? What attention did the legisla- 
ture give to them? 10. Consult the newspaper files for 
reports of the last session of the legislature and work out 
the following questions : Was there a large amount of 
business introduced? What were the most prominent 
matters touched upon? What bills called out the fullest 
discussion ? Was the governor in harmony with the leg- 
islature on important matters? Was the Senate in har- 
mony with the Assembly? What important bills failed 
of passing? Why? What other business besides law- 
making did the legislature do ? Upon what matters did 
the legislators vote according to party lines? Any criti- 
cism that you would make upon the legislature and its 
methods? 11. Consult the volume of statutes of the 
last session of the legislature and report upon its con- 
tents in regard to any point suggested to you. 



THE STATE EXECUTIVE 125 

CHAPTER XIII 
THE STATE EXECUTIVE 

1. Bryce, Chapter XL. The State Executive 

Topics. — Office of governor. His powers, enforce- 
ment of the laws, pardon, military command, appointments, 
receipt of reports, communications to the legislature, 
veto. Reputation of the office. The Heutenant-gov- 
ernor. Other chief officers. Relation to the governor. 
The Civil Service of the state. " Spoils System." Im- 
peachment and other processes of removal. 

Supplementary Questions. — i . As suggested in the previ- 
ous study, make an outline of the history of the ofifice of gov- 
ernor, 2. How have the other state executive officers arisen ? 
3. Why are they not under the authority of the governor? 
Would it not be well to make them so? 4. Does California 
need a state police? 5. What is the present reputation of 
the governorship? Is it sought by the best men? 6. Com- 
pare the other high executive offices with the governorship. 
7. Are the principles of a well-regulated Civil Service observed 
in the executive department of California? If not, what changes 
are necessary? 8. Is impeachment ever used? If not, why 
not? 9. Are removals of state officers ever made otherwise? 

2. Constitution of California, Articles V, VII-X, XII, 

XIII 

I. By reference to the Constitution of California, an- 
swer the following questions in regard to the governor- 
ship : Mode of election? Term? Salary? QuaHfications ? 
Disabilities? Constitutional powers? 2. Has the gov- 
ernor any functions not mentioned in Mr. Bryce's chap- 



126 



THE STATE EXECUTIVE 



ter? Notice ex officio service on boards, e.g. Board of 
Education. (See Art. IX.) 3. Answer the same ques- 
tions as in No. i for the Heutenant-governor. 4. What 
other state executive officers are chosen in the same way 
as the governor? Does the Constitution prescribe their 
duties? 5. Examine Articles IX, X, XII, XIII, and re- 
port upon each board provided for, its organization and 
duties. 6. Briefly describe the executive department of 
the state, making out whether or not it is ministerial, re- 
sponsible, centraHzed, or divided. 7. Give a comprehen- 
sive view of the state executive by filling out the following : 



Schedule 

California State Executive 

AS set forth in the constitution and the political code 
(see extracts below) 



Office 



Governor 
Lieutenant-Gov- 
ernor 
Secretary of State 

et al. 



Election or 
Appointment 



Term, Tenure, 
Compensation, 

ETC. 



Powers and 
Duties 



3. Practical Questions on the Executive 

I. Who were candidates for the governorship at the 
last election? Give some personal account of each one. 
What principles or poHcy did each stand for? (Consult 



THE STATE EXECUTIVE 127 

newspapers and campaign documents.) How many votes 
did each receive ? (Consult State Blue Book or Political 
Almanacs.) Who was elected? Did he have a majority 
of votes ? What plurality did he have ? What reasons 
can you find for his success? 2. When did the present 
governor take office ? Give an account of the procedure 
and ceremonies of inauguration. (Consult newspapers 
of the day.) 3. Illustrate by actual instances the gov- 
ernor's use of each one of his constitutional powers, — 
general supervision, pardoning or reprieving, military 
command, appointment, requiring reports, recommend- 
ing to the legislature, vetoing, serving on boards or 
commissions. Which of these acts is of the highest 
importance? Which receive the most popular attention? 
Which show most clearly the character of the officer? 
4. Give the names of the other state executive officers 
elected at the same time as the governor. Were they all 
elected from the same party? Report upon one or more 
of them, as regards previous public career, reasons for 
selection for the office, etc. 5. What are the powers 
and duties of each executive office? How are they de- 
termined? (See below — Extracts from Political Code.) 
6. Make a special study of the business of some state 
executive office, or board, by examining the last annual 
or biennial report. (See Hst below.) 

Reports of State Officers 

MADE ANNUALLY OR BIENNIALLY TO THE GOVERNOR AND PRINTED 
AT THE STATE PRINTING-OFFICE 

(These reports are all published biennially in bound 
volumes as an Appendix to the Journals of the Senate 
and the Assembly. In this form they can be found in 



128 THE STATE EXECUTIVE 

the public libraries. Copies may be obtained through 
members of the legislature. The individual reports are 
also commonly published separately in pamphlet form, 
and distributed from the office making the report. See 
the State Blue Book for addresses of all officers.) 

List of Officers and Commissions making Biennial 

Reports. 

Controller, Secretary of State, Treasurer, Attorney- 
General, Adjutant- General, Surveyor-General, Board of 
Examiners, Capitol Commissioners, Superintendent of 
State Printing, Board of Equalization, Trustees of State 
Library, Superintendent of Pubhc Instruction, Board of 
Forestry, Veterans' Home Association, Railroad Commis- 
sion, Bureau of Labor Statistics, Board of Horticulture, 
Board of Health, Bank Commission, Trustees of Institu- 
tion for the Deaf, Dumb, and Blind, Directors of Indus- 
trial Home for Adult BHnd, Trustees for Home for Feeble- 
Minded Children, State Agricultural Society, Viticultural 
Commission, Insurance Commissioner, Board of State 
Harbor Commissioners, Building and Loan Commission- 
ers, Commissioner of Public Works, Fish Commission, 
State Mineralogist, President of University of California, 
Trustees of State Normal Schools, Trustees of Preston 
School of Industry, Trustees of Whittier State School, 
Dental Examiners, Lunacy Commission and Trustees of 
Insane Asylums, known respectively as the Stockton, 
Napa, Agnews, Mendocino, and Southern CaHfornia State 
Hospital, Commissioners to manage Yosemite Valley, 
et al. ■ 



THE STATE EXECUTIVE 1 29 

Questions on the State Officers and Commissions 

. Of these officers what ones are elected by the state at 
large? What ones are elected by districts? What ones 
are appointed by the governor ? (See table on page 131.) 
What ones control the expenditure of large amounts of 
public money? If the work of any of these officers or 
commissions is within your field of observation, report 
upon the degree of efficiency. Compare any one of 
these offices with a United States office for efficiency 
and economy. What is the general reputation of these 
state commissions? How can their efficiency be im- 
proved? 

4. Duties of Executive Officers 

Extracts from Political Code of California 

(Numbers in the margin refer to the sections of the code.) 

Duties of Executive Officers. — In addition to the pro- 
vision in the Constitution the power and duties of State 
Executive Officers are prescribed in the Political Code as 

follows : 

380. Governor. — In addition to those prescribed by 
the Constitution the Governor has the power and must 
perform the duties prescribed in this and the following 
sections: (i) he is to supervise the official conduct of 
all executive and ministerial officers ; (2) he is to see that 
all offices are filled and the duties thereof performed . . . 
(3) he is to make the appointments and supply the va- 
cancies mentioned in this Code ; (4) he is the sole organ 
of communication between the Government of this State 
and the Government of any other State or of the United 



130 THE STATE EXECUTIVE 

States; (5) whenever any suit or legal proceeding is 
pending against this State ... he may direct the attor- 
ney-general to appear on behalf of the State . . . 
(6) he may require the attorney-general or district attor- 
ney of any county to inquire into the affairs or man- 
agement of any corporation existing under the laws of 
this State; (7) he may require the attorney-general to 
aid any district attorney in the discharge of his duties ; 
(8) he may offer rewards not exceeding one thousand 
dollars each, payable out of the General Fund, for the 
apprehension of any convict who has escaped from the 
State Prison, or of any person who has committed or is 
charged with the commission of an offence punishable 
with death; (9) he must perform such duties respecting 
fugitives from justice as are prescribed by . . . The Penal 
Code; (10) he must issue and transmit election proc- 
lamations, as prescribed in . . . this Code ; (11) he must 
issue land warrants and patents as prescribed in . . . 
this Code ; (12) he must . . . deliver to the State printer 
for publication all biennial reports of officers and boards 
... (13) he may require any officer or Board to make 
special reports to him, upon demand, in writing ; (14) he 
may issue arms and accoutrements for the use of colleges ; 
(15) he must discharge the duties of member of the 
board of examiners, of member of the State board of 
education, of State prison director, of State capital com- 
missioner, of orphan asylum commissioner, of trustee of 
State normal school, and of member of the board of mili- 
tary auditors; (16) he has such other powers and must 
perform such other duties as are devolved upon him by 
this Code, or any other law of this State. 



THE STATE EXECUTIVE 



131 



Appointments by the Governor 
(Subject to changes by acts of legislature abolishing or creating offices.) 



Officers 



Adjutant-General 

Adult Blind Institution Directors. 
Agricultural Directors, State Board 
Agricultural District Directors, 

each district 

Arbitration Board 

Attorney for Boards of Health 

Analyst, State 

Bank Commissioners 

Brigadier-Generals 

Deaf, Dumb, and Blind Institution 

Directors 

Dental Examiners 

Feeble-Minded Home Directors . . 

Fish Commissioners 

Forestry Board 

Harbor Commissioners — 

Humboldt 

Harbor Commissioners — San 

Diego 

Harbor Commissioners — San 

Francisco 

Health, San Francisco Board 

Health, State Board 

Horticultural Board 

Insane Asylum Managers — 

Agnews 

Insane Asylum Managers — Men- 
docino 

Insane Asylum Managers — Napa 
Insane Asylum Managers — San 

Bernardino 

Insane Asylum Managers — 

Stockton 

Insurance Commissioner 

Labor Commissioner 

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THE STATE EXECUTIVE 



Appointments by the Governor (^concluded') 



Officers 



Marshal Monument Guardian 

Mineral Cabinet Trustees 

Mineralogist, State 

Mining Bureau Trustees 

Normal School Trustees — Chico 
Normal School Trustees — Los 

Angeles 

Normal School Trustees — San 

Jose 

Notaries Public 

Park Commissioners — Los 

Angeles 

Park Commissioners — San 

Francisco 

Pharmacy Board 

Pilot Commissioners — Humboldt 
Pilot Commissioners — San Diego 
Pilot Commissioners — San 

Francisco 

Pilots — Wilmington 

Port Wardens — San Francisco . . . 

Prison Directors 

Reform School Trustees 

Regents of University 

Registrar of Voters — City and Co. 

of San Francisco '• 

Sacramento Funded Debt Com- 
missioners 

Silk Culture Board 

Staff of Governor 

State Burying Grounds, Trustees 
Surveyors — Examining Board . . . 

Sutter's Fort Trustees 

Viticultural Commissioners 

Yosemite Valley Commissioners . . 



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counties. 



THE STATE EXECUTIVE 133 

407. The Secretary of State is charged with the cus- 
tody : (i) of the enrolled copy of the Constitution ; 

(2) of all acts and resolutions passed by the legislature ; 

(3) of the journals of the legislature ; (4) of the great 
seal ; (5) of all books, records, deeds, parchments, maps, 
and papers kept or deposited in his office pursuant to law. 

408. In addition to the duties prescribed by the Con- 
stitution it is the duty of the secretary of state : first, to 
attend at every session of the Legislature for the purpose 
of receiving bills and resolutions thereof . . . second, to 
keep a register of, and attest the official acts of, the Gov- 
ernor ; third, to affix the great seal, with his attestation, 
to commissions, pardons, and other public instruments 
. . . fourth, to record in proper books all conveyances 
made to the State, and all articles of incorporation filed 
in his office ; fifth, to receive and record in proper books 
the official bonds of all the officers . . . sixth, to record 
in a proper book all changes of names certified to him by 
the county clerks . . . seventh, to take and file in his 
office receipts for all books distributed by him . . . 
eighth, to certify to the Governor the names of those per- 
sons who have received at any election the highest num- 
ber of votes for any office, the incumbent of which is 
commissioned by the Governor; ninth, to furnish, on 
demand, to any person paying the fee therefor, a certi- 
fied copy of all or any part of any law, record, etc. ; 
tenth, to deliver to the State printer, at the earhest day 
practicable after the final adjournment of each session of 
the legislature, an index of all laws, resolutions, and jour- 
nals, kept, passed, or adopted at such session ; eleventh, to 
notify, in writing, the district attorney of the proper county 
of the failure of any officer in his county to file in his office 



134 THE STATE EXECUTIVE 

the sworn statement of fees received by such officer; 
twelfth^ to present to the legislature ... a full account 
of all purchases made and all expenses incurred by him 
in furnishing fuel, lights, and stationery ; thirteenth, to 
keep a fee book . . . fourteenth, to file in his office de- 
scriptions of seals in use by the different State officers 
. . . fifteenth, to discharge the duties of member of the 
State board of examiners. State capitol commissioner, 
State sealer of weights and measures, and all other duties 
required of him by law ; sixteenth, to report to the Gov- 
ernor . . . seventeenth, he must distribute of the bound 
volumes of the decisions of the Supreme Court, as soon 
as he receives them : First, to each State one copy 
[here follow directions for the distribution of docu- 
ments]. 

412. The secretary of state is the superintendent and 
has charge of the State capitol, and he must keep the 
same, together with all property therein, in good order 
and repair. 

433. The Controller. — It is the duty of the controller : 
(i) to superintend the fiscal concerns of the State . . . 
(2) to report to the Governor ... a statement of the 
funds of the State, its revenues, and of the public expen- 
ditures ... (3) to accompany his biennial report with 
tabular statements showing : {a) the amount of each 
appropriation for the two preceding fiscal years, the 
amounts expended, and the balance, if any ; {U) the 
amount of revenue chargeable to each county for such 
years, the amount paid, and the amount unpaid, or due 
therefrom; (4) when requested, to give information in 
writing to either house of the legislature . . . (5) to 
suggest plans for the improvement and management of 



THE STATE EXECUTIVE 1 35 

the public revenues ; (6) to keep and state all accounts 
in which the State is interested ; (7) to keep an account 
of all warrants drawn upon the treasurer ... (8) to 
keep an account between the State and the treasurer . . . 
(9) to keep a register of warrants, showing the fund upon 
which they are drawn ... (10) to audit all claims 
against the State ... (11) to examine and settle the 
accounts of all persons indebted to the State ... (12) in 
his discretion to require any person presenting an account 
for settlement to be sworn before him ... (13) to re- 
quire all persons who have received any moneys belong- 
ing to the State and have not accounted therefor to settle 
their accounts ; (14) in his discretion to inspect the books 
of any person charged with the receipt, safe keeping, or 
disbursement of public moneys ; (15) in his discretion to 
require all persons who have received moneys or securities,- 
or have had the disposition or management of any prop- 
erty of the State of which an account is kept in his office, 
to render statements thereof to him ... (16) to direct 
and superintend the collection of all moneys due the 
State ... (17) to draw warrants on the treasurer for 
the payment of moneys directed by law to be paid out 
of the treasury ... (18) to furnish the state treasurer 
with a list of warrants drawn upon the treasury; (19) to 
have printed and forwarded to the auditor of each county 
blank State licenses ; (20) to authenticate with his official 
seal all drafts and warrants drawn by him, and all copies 
of papers issued from his office; (21) to perform the 
duties of a member of the State board of equalization and 
of the State board of tide land commissioners, and such 
other duties as are prescribed by law. 

452. Treasurer. — It is the duty of the treasurer: 



136 THE STATE EXECUTIVE 

( i) to receive and keep in the vaults of the State treasury 
all moneys belonging to the State . . . (2) to file and 
keep the certificates of the controller delivered to him 
when moneys are paid into the treasury ; (3) to deliver 
to each person paying money into the treasury a receipt 
. . . (4) to pay the warrants drawn by the control- 
ler .. . (5) upon the payment of any warrant, to take 
upon the back thereof the receipt of the person to whom 
it is paid, and file and preserve the same ; (6) to keep 
an account of all moneys received and disbursed ; 

(7) to keep separate accounts of the different funds; 

(8) to report to the controller on the last day of each 
month . . . (9) at the request of either house of the 
legislature, or of any committee thereof, to give informa- 
tion in writing as to the condition of the treasury . . . 
(10) to report to the Governor ... (11) to authenti- 
cate with his official seal all writings and papers issued 
from his office; (12) to discharge the duties of State 
capitol commissioner, and such other duties as may be 
imposed upon him by law. 

4 70. Attorney-General. — It is the duty of the attorney- 
general : (i) to attend the Supreme Court and prose- 
cute or defend all causes to which the State or any officer 
thereof, in his official capacity, is a party, and all causes 
to which any county may be a party ... (2) after 
judgment in any of the causes referred to in the preced- 
ing section, to direct the issuing of such process as may 
be necessary to carry the same into execution ; (3) to 
account for . . . all moneys which may come into his 
possession belonging to the State or to any county ; (4) to 
keep a docket of all causes in which he is required to 
appear . . . (5) to exercise supervisory powers over 



THE STATE EXECUTIVE 137 

district attorneys ... (6) to give his opinion in writ- 
ing, without fee, to the legislature, or either house thereof, 
and to the Governor, the secretary of state, controller, 
treasurer, surveyor-general, the trustees, or commissioners 
of State institutions, and any district attorney, when re- 
quired, upon any question of law relating to their respec- 
tive offices ; (7) when required by the public service, or 
directed by the Governor, to repair to any county in the 
State and assist the district atttorney thereof in the dis- 
charge of his duties; (11) to discharge the duties of a 
member of the board of examiners, of the board of 
miUtary auditors, and other duties prescribed by law; 
(12) to report to the Governor . . . 

474. It shall be the duty of the attorney-general to 
institute investigation for the discovery of all real and 
personal property which may have or should escheat to 
the State . . . 

483. Surveyor-General. — It is the duty of the surveyor- 
general : (i) to discharge the duties relating to the 
public lands imposed upon him by Title VIII, of Part 
III of this Code [requiring him, as register of the State 
land office, to keep separate accounts and records in 
relation to each class of lands to which the State is 
entitled] ; (2) when required, to survey and mark the 
boundary lines of counties, cities, villages, and towns ; 
(3) to report to the Governor . . . {a) a statement of the 
progress made in the execution of surveys . . . {b^ an 
estimate of the aggregate quantity of land belonging to 
the State ... {c) an estimate of the aggregate quantity 
of all land used for or adapted to tillage and grazing 
within each county of the State ; {d~) an estimate of the 
number of horses, cattle, sheep, and swine within each 



138 THE STATE JUDICIARY 

county of the State ; (<?) an estimate of the quantity of 
wheat, rye, corn, potatoes, grapes, and other agricultural 
and horticultural productions of the two preceding years, 
together with his views as to the presence, cause, and 
remedy of any diseases or other malady preventing full 
and perfect production ; (/) an estimate of the quantity 
of all mineral lands within each county of the State . . . 
{g) all facts in his opinion calculated to promote the 
development of the resources of the State ; (4) to re- 
quire county surveyors and assessors to collect and 
transmit to him, at such times as he may direct, informa- 
tion relative to the subject-matter of his biennial reports ; 
(5) to authenticate with his official seal all writings and 
papers issued from his office; (6) to perform such other 
duties as may be required of him by law. 

Superintendent of Public Instruction. — (The duties of 
this officer maybe found in the extracts from the Political 
Code furnished to every school in the "School Law.") 



CHAPTER XIV 
THE STATE JUDICIARY 

1. Bryce, Chapter XLI. The State Judiciary 

Topics. — Organization of the judiciary. Chancery 
and equity courts. Jurisdiction of state courts. Recog- 
nition of other states. Codes. Limitations on the 
judges. Appointment of judges. Their tenure. Sala- 
ries. Character of the judiciary. Elevating influences, 
— the federal courts, public opinion, the bar. Recent 
improvements in some states. 



THE STATE JUDICIARY 1 39 

Supplementary Questions. — i. What are chancery courts? 
equity courts ? (Consult dictionary.) 2. What is meant by 
the common law? 3. What are tribunals of arbitration? 
4. What is the value to the community of promptness of trial 
and certainty of penalty in criminal affairs? 5. What is the 
value of promptness of decision in civil cases? 6. What is a 
crime ? 

2. Constitution of California, Article VI 

I. What courts has California? 2. How is the Supreme 
Court constituted? 3. What rules of procedure are laid 
down? 4. When and how are the Supreme Court jus- 
tices elected? What are their quahfications ? 5. In 
general, what is the jurisdiction of the Supreme Court ? 
6. How many Superior Courts are there ? 7. Answer the 
same questions as above, for a Superior Court. 8. How 
is a vacancy in the Supreme Court or in a Superior Court 
filled? 9. How may judges be removed? 10. Make a 
list of the restrictions placed upon judges in the Consti- 
tution. II. What provision is made for Justices of the 
Peace? 12. What are the courts of record? 13. How 
are clerks provided for? 14. How are opinions and 
decisions published? 15. How are judges paid ? 

For the jurisdiction of Superior Courts, see under 
" Government of the County," Chapter XVII, sec. 2 ; 
for the jurisdiction of Justices of the Peace, see under 
"The Township in California," Chapter XVIII, sec. 3. 

3. Practical Questions on the California Judiciary 

I. What codes has California? Examine them and 
report upon their contents. Consult some attorney or 
well-informed person in regard to the California codes. 



I40 STATE POLITICS 

and get answers to the following : Were they well written, 
i.e. by able and experienced lawyers? Are they frequently 
amended ? Are they now satisfactory? What is thought of 
the judgment, expressed by Mr. Bryce, that codes " render 
the law more uncertain and less scientific"? 2. Ascer- 
tain the names, residences, and dates of election of the 
justices of the Supreme Court ; of the judges of the 
Superior Court of your county. Give an account of 
the professional and official career of any of them. 
3. How do the salaries of the judges compare with the 
incomes of the leading attorneys who practise before 
them ? Would the judgeships be more desirable with a 
tenure during good behavior? Would appointment by 
the Governor give a better selection than the method of 
popular election? 



CHAPTER XV 
STATE POLITICS 



1. Bryce, Chapter XLII. State Finance 

Topics. — Wide range of state financial systems. The 
budget. Sources of revenue. The property tax, — 
assessment, equalization, difficulty of discovering personal 
property. Injustice of the system. Licenses. Exemp- 
tions from taxation. Taxes' on corporations. Limitation 
of tax rates. Other limitations on the legislature. State 
debts. Limitation of borrowing. Debts of local bodies. 
Recent reduction in state debts. 

Supplementary Questions. — i . What other sources of 
revenue do some states have besides those mentioned ? 



STATE POLITICS 14! 

2. Does the citizen who conceals his property for the pur- 
pose of avoiding assessment act honorably ? 3. What would 
be gained by exempting personal property from assessment? 
4. What is personal property? Illustrate by means of things 
within sight. 5. Compare the figures showing the totals of 
national, state, and municipal debts for each census year since 
1870. (See United States Census and Political Almanacs.) 
Practical Questions on California. — i . What was the rate 
of state tax for the last fiscal year? 2. What was the total 
assessment valuation of property? (See Reports of State 
Board of EquaUzation.) 3. The legislature having deter- 
mined upon the expenditures, and the total valuation having 
been determined by the assessment, how was the rate estab- 
lished? 4. Assessment of taxable property is made annually 
by the assessor in each county. (See under County Govern- 
ment, Chapter XVII, below.) What is the business of the 
State Board of Equalization? (See Cal. Const., Art. XIII, 
and Pol. Code.) 5. Answer the following questions from 
Cal. Const., Art. XIII. What property must be assessed? 
What property is exempt? What rules are laid down for 
valuation? How is a mortgage treated in assessment? A 
owns a farm valued at $5000. It is mortgaged to B for $2000. 
What are the assessments ? For whose benefit is this arrange- 
ment? Is A any better off than if he were assessed for the 
full $5000 ? By whom are railroads operating in more than 
one county assessed? Does California collect a poll tax? 
6. State taxes being collected by the tax collector in each 
county and paid into the county treasury, with whom must 
the county treasurer settle ? 7. How are demands on the state 
treasury paid? (See above under Controller and Treasurer.) 
8. From the last report of the State Controller answer the 
followins: : What are the several funds ? What was their 
condition at the time of the report ? What were the amounts 
received for the year from property taxes, from poll taxes, 
from railroad taxes, from interest on the bonds of the School 
fund, from the sale of State text-books, from rent of wharves 



142 STATE POLITICS 

of San Francisco harbor, from sale of jute fabrics from San 
Quentin ? What were the amounts expended from the General 
fund, the School fund, the San Francisco harbor improvement 
fund, the State University fund, the State Library fund ? 
How much was expended upon each branch of the govern- 
ment, upon any particular institution ? 9. Are the finances 
of California well managed ? If not, how can any improve- 
ment be made ? 



2. Bryce, Chapter XLIII. The "Working of State Gov- 
ernments 

Topics. — Likeness of the state governments to the 
national. Differences between the executives. Duties 
of state executive officers. How the state executive 
succeeds. Little dignity or power in state offices. Im- 
portance of the governorship in times of disturbance. 
Governor's reputation made by his vetoes. Frequent 
opposition between governor and legislature. Power 
centres in the legislature. Comparison with Congress. 
Scope of state legislation. StabiHty of private law. 
Constant tinkering with administrative law. Excessive 
special legislation. Control of municipalities. Bad 
methods in selecting legislators. The question of sala- 
ries. Comparison of legislatures in different sections. 
Methods of the corrupt legislator. The spirit of localism. 
Its effect on log-rolHng. Lack of legislative leadership. 
How good measures are secured. Spirit of philanthropy. 

Supplementary Questions. — i. What is the general reputa- 
tion of executive officers in California for integrity and effi- 
ciency ? Does very much depend upon them ? 2. Do you 
know of any instances in California of the governor's quelling 
disturbances ? 3. Has the present governor gained a favor- 



STATE POLITICS 1 43 

able reputation by his vetoes ? 4. Are the legislature and 
the governor usually of different parties ? 5. Look up the 
meaning of contracts, torts, inheritance. What is the law of 
inheritance in California ? Where can you find the general 
laws in regard to family relations, offences, civil procedure, 
criminal procedure ? 6. What is the policy of California in 
regard to administrative law ? (See Cal. Const., Art. XI.) 
7. What is the policy of California in regard to special legis- 
lation ? (See Cal. Const., Art. IV, sec. 25.) 8. What is 
the policy of California in regard to corporations ? (See Cal. 
Const., Art. XII.) 9. Report upon the method of nominating 
and electing the members of the last legislature. 10. Is it 
customary to reelect ? If not, why not ? 11. Does the spirit 
of localism prevail in California ? Is it harmful ? 12. Who 
were leaders in the last legislature ? 13. What pay do the 
members of the legislature receive ? 14. What important 
reforms have been enacted by the legislature of California 
within the last few years ? 

3. Bryce, Chapter XLIV. Remedies for the Faults of 
State Governments 

Topics. — Faults not those that were expected. No 
encroachment on the National government. No move- 
ment toward a cabinet system. Improvement of the 
executive. The real blemishes in the legislature. The 
list of faults. Their practical results. Attempted reme- 
dies, — two houses, governor's veto, constitutional Hmi- 
tations and the courts to enforce them, limitation of 
legislative sessions. Attitude of better citizens toward 
the faults of the legislature. Conclusions in regard to the 
political importance of the states. 

Supplementary Questions. — i. Ought California to give 
the appointment of state executive officers more completely 



144 STATE POLITICS 

to the governor ? 2. Are the faults of legislatures, as pointed 
out by Mr. Bryce, true of California ? 3. Has California 
tried all the ways mentioned of controlling the legislature ? 
4. What can you do toward the improvement of the legislature 
and the laws ? 

4. Bryce, Chapter XLV. State Politics 

Topics. — Possible relations of state to national parties. 
Their theoretical independence. Actual absorption of 
state parties in national. Causes of this development, — 
intensity of early national questions, election of United 
States senators, the federal offices. The victory of the 
national parties complete. Results upon the state gov- 
ernments, — party distinctions are artificial, not real ; par- 
tisanship controls elections ; " Rings " multiply. State 
parties sometimes arise. Illustrations. State factions 
formed by a split in the national party. Decline in 
state politics. State affairs have lost not importance, 
but interest. Attitude of the thoughtful citizen. Diffi- 
culty of improvement. 

Supplementary Questions. — i. Make a list of important 
questions in state affairs before the people of California at the 
present time. Do any parties take sides upon them ? Has 
California any state parties ? 2. Watch the discussions at 
election time to see what notice is taken of real state ques- 
tions. Are men elected with reference to them ? 3. Make 
out a historical sketch of the life and activity of any state par- 
ties of the past. (See Hittell, Cahfornia, vols. HI, IV ; Davis, 
Political Conventions.) 4. Which is the better course for a 
public-spirited man desirous of promoting good state govern- 
ment, to keep himself in touch with a national party, — 
endeavoring to use his influence toward worthy ends, — or 
to attempt to work outside of a national party? 



STATE POLITICS 1 45 

Review Outline 
State of California 

Discuss each topic concisely, yet comprehensively. 

1. Area, boundaries, physical characteristics. 

2. Brief outline of history. 

3. Present population, wealth, products, resources. 

4. Date and circumstances of adoption of present 
Constitution. 

5. Description of the Constitution as a whole. 

6. Description of parts of the state organization : 

a. The Legislature. 

b. The Executive (including elective offices 

and all boards and commissions). 

c. The Judiciary. 

d. Counties. 

e. Cities. 
/. Electors. 
g. Citizens. 



PART IV 

LOCAL INSTITUTIONS 

CHAPTER XVI 
THE GENERAL SYSTEM 

1. Bryce, Chapter XLVII. Local Government 

Topics. — State systems. Three types, — township, 
county, mixed. Origin of New England towns. De- 
scription of the town. Its permanence. Different mode 
of settlement in the South. Organization of the county. 
Its relation to the state. Influences that affected the 
Middle States and the Northwest. The town meeting 
and its functions. Merits and demerits of the town- 
meeting. The town executive. New England counties. 
Counties of the Southern States ; officers and their func- 
tions. Sub-divisions of the county. Characteristics of 
the mixed type. Variations. Progress of the town sys- 
tem in Illinois and the West. The county in the West. 
Townships without the town meeting. 

Supplementary Questions. — i . How did the topography 
of New England affect the institutions of local government? 
2. What different influences were felt in the South ? 3. What 
were the advantages of the town system in early times? Do 
the same advantages exist now? (Consult some one who has 

146 



THE GENERAL SYSTEM l^'J 

lived in New England.) 4. Show how in the settlement of 
California the town system would have been impossible. 
5. What are the advantages of the county system? Under 
what conditions do they appear greatest? 6. What were 
Jefferson^s reasons for his advice about towns (Bryce, p. 408) ? 
Was his advice practical? 7. What influences in the set- 
tlement of the Middle States affected local institutions? 
8. What does the spread of the township in Illinois indicate 
about the value of the system? 9. Describe the system of 
local government in any state outside of California in which 
you may have lived. 



2. Bryce, Chapter XLVIII. Observations on Local 
Government 

Topics. — Functions of local government, — care of 
roads, administration of justice, police, maintenance of 
the poor, public education. State business performed 
by the counties. Comparison of local systems. 

Supplementary Questions. — i . Find some instance of each 
of the functions of local government given above and report 
the case in detail. Was the work done well, promptly, and 
economically? 2. Is local government in your community 
efficient ? If not, why not ? 3. Is the question of relief of the 
poor likely to become more important in the future ? 4. What 
system of local government vi^ould you favor for Texas? for 
Colorado? for the Santa Clara Valley in California? for the 
mining regions of California ? Give reasons in each case. 



148 



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150 THE COUNTY 

Note. — On property situated within an incorporated city the 
rate is from 20 to 30 cents less than above, because such property 
is exempt from road tax. All district and city taxes are in addition 
to the above. Rate of state tax upon ^100: 1896, 42.9 cts.; 1897, 
51 cts.; 1898, 48.8 cts. 

Questions. — In which county do you live? What is the 
origin of its name? Give a history of its growth and devel- 
opment. What are its leading industries? What is its pop- 
ulation? Is its population increasing? What is its area? 
Give its boundaries as accurately as possible. Are they 
natural lines? Is the county a natural geographical unit? 
Where is its natural centre? What counties border upon 
your county? Name and locate their county seats. What 
county in the state has the largest area? the smallest? the 
greatest population? the least? What counties have the 
highest tax rates? the lowest? Offer any suggestion that 
may explain the difference in rates. What counties are much 
in debt ? Does debt tend to make the tax rate high ? Which 
county has the most assessable wealth? What proportion 
is this of the whole state ? What county ranks next in prop- 
erty? Suppose that a piece of property in your county was 
assessed in 1896 at $5000. Compute the amount of taxes 
paid upon it to the state, to the county. Visit the Court- 
House of your county (San Francisco, the City Hall) and 
report upon the building, its size, plan, and location of offices. 
Visit any of the offices or rooms open to the public and report 
observations in regard to what may be seen of the work of 
the office. What other buildings does the county own or use? 
Visit them wherever practicable and make similar reports. 

2. Government of the County 

The Constitution of California (Art. XI, sec. 4) requires 
the legislature to " establish a system of county gov- 
ernments which shall be uniform throughout the state." 



THE COUNTY 15I 

The legislature must also " regulate the compensation of 
all such officers, in proportion to duties, and for this pur- 
pose may classify the counties by population." 

The Political Code in Part IV, Title IV, defined the 
boundaries of the counties existing in 1873, and estab- 
lished the general county offices and their powers and 
duties. County boundaries have been changed by sub- 
sequent Acts of legislature, especially in the formation 
of new counties. The organization of counties has been 
made uniform by the general county government law of 
the legislature of 1883 and subsequent revisions. The 
latest complete edition (1898) of the County Government 
Law is found in the Statutes of 1897. 

(Abbreviations. — In the following paragraphs numbers en- 
closed in parenthesis are references to sections of the County Gov- 
ernment Act of 1897; numbers accompanying the letters P. C. aire 
references to sections of the Political Code.) 

A county is the largest political division of the State 
having corporate powers (P. C, 3901). 

Its powers can only be exercised by the Board of 
Supervisors, or by agents and officers acting under their 
authority, or authority of law (2). It has power : 

1. To sue and be sued. 

2. To purchase and hold lands within its limits. 

3. To make such contracts and purchase and hold 
such personal property as may be necessary to the exer- 
cise of its powers. 

4. To manage and dispose of its property as the inter- 
est of its inhabitants may require. 

5. To levy and collect such taxes, for purposes under 
its exclusive jurisdiction, as are authorized by law (4). 



152 THE COUNTY 

The Officers of a county are a Sheriff, a County Clerk, 
an Auditor, a Recorder, a Tax Collector, a District Attor- 
ney, an Assessor, a Treasurer, a Superintendent of Schools, 
a Public Administrator, a Coroner, a Surveyor, the mem- 
bers of the Board of Supervisors, and such other officers 
as may be provided bylaw (55). Elected by the voters 
of each county are the Judges of the Superior Court, and 
also the Supervisors — five in number (14). Four mem- 
bers appointed by the Board of Supervisors for a term of 
two years, together with the Superintendent of Schools, 
constitute a County Board of Education (P. C, 1768). 
Where necessary, the Supervisors may combine the duties 
of certain of the above officers, as Sheriff and Tax Col- 
lector, etc. (55). 

Election, Tenure, etc. — The first. twelve officers above 
mentioned are elected by the voters of the county at the 
regular State election held in November, 1894, and every 
four years thereafter. Judges are elected at the same 
election, but hold office for six years. Supervisors hold 
office for four years, and are elected two at one election 
and three two years later by the voters of their districts 
(58, 15). All officers must be electors of the county, 
and Supervisors, of their districts ; but women are eligible 
to educational offices (54). All officers take their offices 
at 12 o'clock M. on the first Monday after the first day 
of January following the election (58). 

Offices and Residence. — All county officers must have 
their offices at the county seat, and the Sheriff, Clerk, 
Recorder, Auditor, Treasurer, and District Attorney must 
keep their offices open from nine o'clock a.m. until five 
o'clock P.M. (61). No county or township officer shall 
absent himself from the State for more than sixty days, 



THE COUNTY 1 53 

and for no period without the consent of the Board of 
Supervisors (64). 

Official Bonds. — The Board of Supervisors prescribes 
the amount of the official bonds, which must be duly- 
executed before the officers enter upon the discharge of 
their duties. 

Compensation is fixed for county officers by the County 
Government Law. 

Powers and Duties of County Officers 

Boards of Supervisors, in their respective counties, 
have jurisdiction and power : To supervise the official 
conduct of all county officers ; to divide counties into 
townships, etc. ; to establish election precincts, and to 
appoint inspectors and judges of election, canvass all 
election returns, and declare the result ; to lay out and 
manage public roads ; to provide for the care of indigent 
sick or the otherwise dependent poor of the county ; to 
provide suitable rooms for county purposes ; to cause to 
be erected a court-house, jail, hospital, and such other 
public buildings as may be necessary ; to examine, settle, 
and allow all accounts legally chargeable against the 
county except salaries of officers, and order warrants 
to be drawn on the County Treasurer therefor; to levy 
taxes upon the taxable property of their respective coun- 
ties ; to equalize assessments ; to maintain public pounds ; 
to direct the prosecution or defence of all suits to which 
the county is a party ; to grant hcenses and franchises, to 
fill, by appointment, all vacancies in any office except 
those of Judge of the Superior Court and Supervisor ; to 
adopt provisions for the preservation of health, etc. (25). 



154 ^^^ COUNTY 

The enacting clause of all ordinances of the Board shall 
be as follows : " The Board of Supervisors of the County 
of do ordain as follows " (26). 

The County Treasurer must receive all moneys belong- 
ing to the county, safely keep the same, and apply or pay 
them out, rendering the account thereof as required by 
law ; file and keep the certificates of the Auditor ; keep 
an account of the receipts and expenditure of all such 
moneys ; disburse the county moneys only on county 
warrants issued by the County Auditor, except on settle- 
ment with the State, etc. (67-87). 

The Sheriff must preserve the peace ; arrest and take 
before the nearest magistrate for examination, all persons 
who attempt to commit or who have committed a public 
offence ; prevent and suppress any affrays, breaches of 
the peace, riots and insurrections which may come to his 
knowledge, attend all Courts, except Justices, and Police 
Courts, held within his county, and obey their lawful 
orders and directions ; command the aid of as many 
male inhabitants of his county as he may think necessary 
in the execution of these duties ; take charge of and keep 
the County jail and the prisoners therein ; serve all pro- 
cess and notices in the manner prescribed by law, etc. 
(88-106). 

When the Sheriff is a party to an action or proceeding, 
the process and orders therein, which it would otherwise 
be the duty of the Sheriff to execute, must be executed 
by the Coroner of the county (104). 

The County Clerk must take charge of and safely keep, 
or dispose of, according to law, all books, papers, and 
records, which may be filed or deposited in his office ; 
act as clerk of the Board of Supervisors and as clerk of 



THE COUNTY I 55 

the Superior Court, and attend each session thereof; is- 
sue all process and notices required to be issued ; enter 
a synopsis of all orders, judgments, and decrees ; keep 
for the Superior Court an index of all suits, etc. (20-24. 
107). He keeps the great register of voters and sends 
out copies of the register and all other material for elec- 
tions to the election officers in each precinct. P. C. 
1094-1097. 

The Auditor must draw warrants on the County Treas- 
urer in favor of all persons entitled thereto; examine 
and settle the accounts of all persons indebted to the 
county ; keep accounts current with the Treasurer ; ex- 
amine the books of the Treasurer and see that they are 
correctly kept ; with the Chairman of the Board of Super- 
visors and the District Attorney, count the money in the 
treasury once a month (109-118). He also receives 
the assessment rolls of the county from the State Board 
of Equalization, makes out the tax bills for all State, 
county, and district taxes, and turns them over to the 
Tax Collector (P. C, 3727-3738). 

The Recoi'der must procure such books for records as 
the business of his office requires ; upon the payment of 
his fees for the same, record in large and well-bound 
separate books, in a fair hand, deeds, grants, transfers, 
and mortgages of real estate, releases of mortgages, 
powers of attorney to convey real estate leases, mortgages 
of personal property, certificates of marriage, wills ad- 
mitted to probate, official bonds, notices of mechanics' 
lien, transcripts of judgments which by law are made 
liens upon real estate, etc. He must keep proper in- 
dexes to all records. All books of record, etc., in the 
Recorder's office, must, during office hours, be open to 



156 THE COUNTY 

the inspection of any person and without charge (119- 

131)- 

The District Attorney is the pubHc prosecutor and 

must attend the Superior Court and conduct on behalf of 
the people all prosecutions for public offences ; he must 
institute proceedings for the arrest of persons charged 
with public offences ; draw all indictments ; defend all 
suits brought against the State or his county ; give his 
opinion in writing to county, district, and township offi- 
cers on matters relating to the duties of their offices. He 
is the legal adviser of the Board of Supervisors, and must 
attend their meetings, when required (132-134). 

The County Surveyor must make any survey required 
by order of Court, the Board of Supervisors, or upon ap- 
plication of any person ; keep a correct and fair record 
of all surveys made by him ; make all surveys of county 
roads, and perform such other engineering work as the 
Board of Supervisors may require (135-141). 

The Coroner must hold inquests as prescribed in the 
Penal Code, sees. 15 10-15 19 (cases of violent death). 
When no other person takes charge of the body, he 
must cause it to be decently buried, and the necessary 
expenses may be a legal charge against the county, etc. 
(142-146). 

The Assessor must, between the first Mondays of March 
and July in each year, ascertain the names of all taxable 
inhabitants, and all property in his county subject to tax- 
ation, and must assess such property to the persons by 
whom it was owned or claimed, or in whose possession 
or control it was at twelve o'clock m. of the first Monday 
of March next preceding. The assessment book must 
show : 



THE COUNTY 15/ 

1. The name of the person to whom the property is 
assessed. 

2. Land, by township, range, section, or fractional 
section, etc. 

3. City and town lots, naming the city or town, and 
the number of lot and block, according to the system of 
numbering in such city or town, and improvements 
thereon. 

4. All personal property, showing the number, kind, 
amount, and quality. 

5. The cash value of real estate, other than city and 
town lots. 

6. The cash value of improvements on such real 
estate. 

7. The cash value of city and town lots. 

8. The cash value of improvements on city and town 
lots. 

9. The cash value of improvements on real estate 
assessed to other persons than the owners of the real 
estate. 

10. The cash value of all personal property, exclusive 
of money. 

11. The amount of money, etc. (P. C, Z^'z'i-iddz) . 

Note. — The Political Code also prescribes the duties of the 
Board of Supervisors when acting as a Board of Equalization, and 
of the State Board of Equalization, in regard to assessment of prop- 
erty. The State Board of Equalization is also required between 
the first and third Monday in September, of each year, to determine 
the rate of state tax to be levied and collected upon the assessed 
valuation of the property of the state. It must immediately there- 
after transmit to the Board of Supervisors and County Auditor of 
each county a statement of such rate (P. C, 3672-3705). 



158 THE COUNTY 

The Tax Collector must publish a notice in some news- 
paper published in the county, if there is one ; or if 
there is not, he must post it in three public places in 
each township, specifying the time and place at which 
payment of taxes may be made, and the time when they 
become delinquent, and the penalty. On the first Mon- 
day in each month he must settle with the Auditor for all 
moneys collected for the state and county, and pay the 
same to the County Treasurer. He must publish the 
delinquent list and designate the time and place of sale, 

etc. (P. C, 3746-3819)- 

The Superintendent of Schools must superintend the 
schools of his county ; apportion the school moneys to 
each school district ; on the order of the Board of Trus- 
tees, draw his requisition upon the County Auditor for all 
necessary expenses against the school fund of any dis- 
trict ; keep, open to the inspection of the pubhc, a regis- 
ter of requisitions ; visit and examine each school in his 
county at least once a year ; preside over Teachers' In- 
stitutes ; issue temporary certificates ; distribute all laws, 
reports, blanks, etc., for the use of school officers ; keep 
in his office the reports of the Superintendent of Public 
Instruction ; keep a record of his official acts and of all 
the proceedings of the County Board of Education ; ex- 
cept in incorporated cities, pass upon, and approve or 
reject all plans for schoolhouses ; appoint Trustees to fill 
all vacancies ; make reports when directed by the Super- 
intendent of Public Instruction, etc. (P. C, 1543-1553). 

The County Board of Education is composed of the 
Superintendent of Schools and four other members ap- 
pointed for a term of two years by the Board of Super- 
visors. Two of the appointed members must be teach- 



THE COUNTY 1 59 

ers. The Board must examine applicants for teachers' 
certificates ; grant certificates of three grades, high school, 
grammar, and primary ; prescribe and enforce a uniform 
series of text-books, and a course of study, and adopt a 
list of library books and apparatus for district schools ; 
issue diplomas of graduation (P. C, 1 768-1 776). 

The Public Administrator must take charge of the 
estates of persons dying within his county, as follows : 

1. Of the estates of decedents for which no adminis- 
trators are appointed, and which, in consequence thereof, 
are being wasted, uncared for, or lost. 

2. Of the estates of decedents who have no known 
heirs. 

3. Of the estates ordered into his hands by the court ; 
and 

4. Of the estates upon which letters of administration 
have been issued to him by the court. 

He must, once in every six months, make to the Supe- 
rior Court, under oath, a return of all estates of decedents 
which have come into his hands, the value of the same, 
the money which has come into his hands from such 
estate, and what he has done with it, etc. (Code of Civil 
Procedure, 1 726-1 743). 

Jurisdiction of the Superior Court 

Superior Courts have jurisdiction of two kinds — orig- 
inal and appellate. They have original jurisdiction in all 
cases in equity; in all civil actions in which the subject 
of htigation is not capable of pecuniary estimation ; in all 
cases at law which involve the title or possession of real 
property, and in all other cases in which the demand, 
exclusive of interest, amounts to three hundred dollars ; 



l60 THE COUNTY 

of actions of forcible entry and detainer ; of proceedings 
in insolvency, of actions to abate a nuisance, of all mat- 
ters of probate, of divorce, and of all such special case's 
and proceedings as are not otherwise provided for ; in 
all criminal cases amounting to felony. They have the 
power of naturalization, and to issue writs of mandamus, 
certiorari, prohibition, quo warranto, and of habeas cor- 
pus on petition by, or in behalf of any person in actual 
custody in their respective counties. 

They have appellate jurisdiction in such cases arising 
in justices' and other inferior courts in their respective 
counties, as may be prescribed by law (Code of Civil 
Procedure, 76-79). 

Juries 

The following definitions are taken from the Code of Civil Pro- 
cedure, the number of the section of the Code being given after 
each quotation. 

A jury is a body of men temporarily selected from the 
citizens of a particular district, and invested with power 
to present or indict a person for a public offence, or to try 
a question of fact (190). Juries are of three kinds: 
I. Grand juries; 2. Trial juries; 3. Juries of inquest 

(191). 

A grand jury is a body of men, nineteen in number, 
taken from the citizens of a county, or city and county, 
to inquire into public offences committed within the 
county (192). 

A grand jury must be drawn in every county having 
less than three Superior Judges once every year ; and in 
all other counties two grand juries must be drawn (241). 
(See also Penal Code, § 915, etc.) 



THE COUNTY \6\ 

A trial jury is a body of men returned from the 
citizens of a particular district before a court, or officer 
of competent jurisdiction, and sworn to try and deter- 
mine by verdict a question of fact (193). It consists of 
twelve men, but in civil cases, if the parties so agree, of a 
less number (194). 

A jury of inquest is a body of men summoned from 
the citizens of a particular district before the Sheriff, 
Coroner, or other ministerial officer to inquire of par- 
ticular facts (195). 

Qualijications. A person to act as a juror must be : 

1. A citizen of the United States, twenty-one years 
of age, a resident of the state and of the county. 

2. In possession of his natural faculties and of ordinary 
intelligence, and not decrepit. 

3. Possessed of sufficient knowledge of the English 
language (198). 

For further information consult the Code of Civil Procedure, as 
follows : 

Qualifications of jurors, 198-199. 
Exemption from jury duty, 200. 

Mode of selecting, summoning, and impanelling juries, 204-251. 
See also Cyclopedias: Britannica, article, Jury. Johnson's, 
article, Trial Lalor, article, /wry. 

Subdivisions of Counties 

Boards of supervisors in their respective counties have 
power : To divide the counties into townships, election, 
school, road, supervisor, sanitary, and other districts re- 
quired by law, change the same and create others as 
convenience requires (25). In some counties the town- 

M 



1 62 THE COUNTY 

ships serve also for road and supervisor districts ; in the 
majority, however, they are different areas. 

Road districts are convenient divisions of the county 
for the improvement and care of the highways. 

Supervisor districts are divisions of the county accord- 
ing to population for the purpose of electing a supervisor. 

Sanitary districts are particular areas organized for the 
purpose of constructing a sewer system by special 
taxation. (See Statutes.) 

Irrigation districts are particular areas organized for the 
purpose of building reservoirs and distributing water for 
irrigation by means of special taxation. They have been 
established in Colusa, Kern, Los Angeles, Orange, River- 
side, San Bernardino, San Diego, Shasta, Stanislaus, 
Tehama, and Yuba Counties. (See Statutes, 1887 : p. 29 
and amendments in 1889, 1891, and 1893.) 

Townships and school districts are treated below in 
Chapter XVIII. 

Questions. — What is the class of your county? Of each 
adjoining county? (See Table, p. 148.) Are any two 
counties in the same class? Referring to a copy of the 
County Government Law, ascertain the pay of every officer 
of your county, (San Francisco pupils consult the Charter.) 
Do these salaries include the pay of deputies? From a 
newspaper find the report of the last meeting of the Board 
of Supervisors : What was the character of the business 
transacted? Trace the full history of each of the following 
acts of county government through the various offices con- 
cerned : 

1. The opening of a county road. 

2. Building a bridge on a county road, including the levy- 
ing and collection of the necessary funds by property tax. 

3. The record of a deed. 



THE COUNTY 1 63 

4. The foreclosure of a mortgage. 

5. Probating a will. 

6. The care and distribution of the estate of a deceased 
person by the public administrator. 

7. The conduct of an election. 

8. The apprehension of persons suspected of highway 
robbery. 

9. Granting a teacher's certificate. 

So far as possible, study out the above matters from 
actual instances that may come under your observation, 
either directly or through the newspapers. Obtain a deed 
and verify the record in the proper volume in the record- 
er's office. Make a collection of the proclamations, 
notices, sample ballots, etc., employed in an election. 
Very valuable work may be done by studying the finances 
of some particular county, preferably one's own. Watch 
the county papers for publications of reports of county 
officers, as the auditor and treasurer. Inquire of these 
officers, or of the county clerk, for annual reports. The 
following tables (pp. 164-174) are taken from an annual 
statement for Alameda County, compiled and published 
by the county clerk. 

Questions on the Taxation Table (p. 164). — Are any changes 
noticeable from year to year? Compute the amount produced 
for any year at the above rates, for the State Expenses, General 
County Expenses, County School Fund, etc. Which bears 
the greater part of the burden, real estate or personal prop- 
erty? Among what funds are the revenues derived from the 
annual taxes distributed? (See Treasurer's Balance Sheet, 
p. 165.) What officers control the expenditures? What 
officers keep records of these funds? 



164 



THE COUNTY 



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THE COUNTY 1 65 

Treasurer's Balance Sheet, January 3, 1898 

Alameda County 

State Revenue % 348.05 

County General 99,017.58 

County Infirmary 35)385.15 

Common School 244,558.89 

Teachers' Institute and Library 731-38 

Salary 2,619.19 

Swamp and Tide Land 2,929.04 

Law Library 581.65 

Road and Bridge 110.73 

General Road 5>489.53 

Altamont District Road 830.55 

Alvarado District Road . 2,479.55 

Bay District Road 2,624.59 

Brooklyn District Road 10,056.40 

Castro Valley District Road 1,357.45 

Centreville District Road 820.99 

Claremont District Road 402.81 

Decoto District Road 1,076.77 

Dublin District Road 277.65 

Fruit Vale District Road 6,145.88 

Mission District Road 701.97 

Mt. Eden District Road 2,619.67 

Murray District Road 2,573.10 

Newark District Road 1,236.53 

Niles District Road 79146 

Ocean View District Road 464.58 

Palomares District Road 401.14 

Peralta District Road 1,478.76 

Piedmont District Road 1,523.15 

Pleasanton District Road 1,457.47 

San Lorenzo District Road 4»333-27 

Temescal District Road 3j79I'25 

Valiecito District Road 1,604.74 

Washington District Road : 1,417.84 



1 66 THE COUNTY 

Road Damage ^518.00 

Niles School Building 2.72 

Union School Building 231.90 

Valle Vista School Building 2.05 

Russell School Building I94'i9 

Bay School Building Bond 2,823.15 

Elmhurst School Building Bond 675'I3 

Fruitvale School Building Bond 33144 

Hays School Building Bond .72 

Lorin School Building Bond 1,656.93 

Newark School Building Bond 622.94 

Niles School Building Bond 790.80 

Peralta School Building Bond 1.21 

Piedmont School Building Bond 3,261.94 

Pleasanton School Building Bond 2,888.11 

Russell School Building Bond 582.68 

Sunol Glen School Building Bond 1,35 

Temescal School Building Bond 10.46 

Union School Building Bond . 777-98 

Valle Vista School Building Bond 269.20 

Warm Springs School Building Bond 740-74 

Adeline Sanitary (Running Expense) .56 

Adeline Sanitary (Bond and Interest) 441.50 

Fruitvale Sanitary No. i (Running Expense) . . . 1,823.64 

Fruitvale Sanitary No, i (Bond and Interest) . . . 3,220,57 

Fruitvale Sanitary No. 2 (Running Expense) . . . 534-23 

Fruitvale Sanitary No. 2 (Bond and Interest) . . . 3,136.12 

Golden Gate Sanitary (Running Expense) .... 446.09 

Golden Gate Sanitary (Sewer Construction) .... .... 

Golden Gate Sanitary (Bond and Interest) .... 1^707.39 

Piedmont Sanitary (Running Expense) 1,603.74 

Piedmont Sanitary (Sewer Construction) .... 

Piedmont Sanitary (Bond and Interest) 2,653.00 

Estate of Jim Gong 7.90 

Union High School No, i 5,361.72 

Union High School No. 2 5,159.24 

Union High School No, 3 4,584.84 



THE COUNTY 167 

Special School Fund 

Berkeley ^^501. 56 

Emeryville 182.28 

Fruitvale 4-25 

Hays 5.95 

Lockwood 7.50 

Oakland . 48.63 

Peralta 5347 

Sunol Glen 85.25 

Temescal . i.oo 

Union 3.60 

Valle Vista 2.00 

Total ;^490,i99.23 

Questions. — Select some item of the above that comes the 
nearest to your own opportunities for observation. See if you 
can ascertain the total expenditure from this fund for the past 
year, and how much benefit the public received therefrom. 
Was the money wisely and economically expended ? If not, 
why not? 

Directory of the County Government 

From the State Blue Book, fronfi the newspapers pub- 
Jished in the county, from inquiry, or from county records 
and pubhcations, compile a Directory of the County Gov- 
ernment of your county like the following. If possible, 
include the names of all deputies under their proper 
offices. Supply residences and any other facts of interest 
in regard to the officers. 

Alameda County, i 897-1 898 

Judges of the Superior Court 

Hon. W. E. Greene, Hon. John Ellsworth, 

Hon. Frank B. Ogden, Hon. Samuel P. Hall. 



1 68 THE COUNTY 

County Clerk and Ex- Officio Clerk of the Superior Court 
Frank C. Jordan. 

District Attorney, Charles E. Snook. 

Sheriff, Calvin B. White. 

Assessor, Henry P. Dalton. 

Auditor, Myron A. Whidden. 

Recorder, Charles H. Spear. 

Tax Collector, James B. Barber. 

Treasurer, O. M. Sanford. 

Superintendent of Schools, J. P. Garlick. 

Surveyor, Geo. L. Nusbaumer. 

Coroner, R. O. Baldwin. 

Public Administrator, VV. H. Knight. 

Board of Supervisors, 189 7-1 898 

Thomas D. Wells District No. i 

J. R. Talcott District No. 2 

Will H. Church District No. 3 

Charles Roeth District No. 4 

John Mitchell District No. 5 

J. R. Talcott, Chairman. 

Frank C. Jordan, Clerk. 

Standing Committees, 189 7-1 898 
Judiciary, County Buildings and Improvements — 

Mitchell, Roeth, and Church. 
Auditing and Finance — Mitchell, Church, and Roeth. 
Roads, Bridges, and Franchises — Roeth, Wells, and 

Mitchell. 
Hospital — Church, Mitchell, and Roeth. 
Printing — Roeth, Mitchell, and Wells. 



THE COUNTY I69 

Appointive 

County Expert — Fred A. Davis. 

Game Warden — J. L. Donovan. 

Superintendent County Infirmary — Dr. W. A. Clark. 

Physician and Surgeon County Jail — Dr. Chas. M. Fisher. 

Physician Receiving Hospital — Dr. R. T. Stratton. 

Health Officers 

Oakland Township, B. T. Mouser. 
Washington Township, Dr. J. P. Young. 
Murray Township, Dr. R. O. Bellamy. 

Horticultural Commissiotiers 
A. D. Pryal, Wm. Barry, E. O. Webb. 

County Board of Education 

W. F. B. Lynch, President. 

J. P. Garlick, Secretary. 

W. B. Ludlow, H. C. Petray, J. H. Eickhoff. 

Justices of the Peace, Alameda County 

Alameda Township — H. T. Morris, G. A. Swasey. 
City of Alameda — A. F. St. Sure, Recorder. 
Oakland Township — F. C. Clift. 
City of Oakland — J. J. Allen and Fred H. Wood, City 

Justices. 
Town of Emeryville — J. J. Quinn, Recorder. 
Brooklyn Township — E. L. Lawrence. 
Eden Township — J. E. Quinn, Jos. Pimentel. 
Washington Township — E. A. Richmond, S. Sandholdt. 
Murray Township — J. H. Taylor, Wm. Brophy. 



I/O THE COUNTY 

Constables 

Oakland Township — J. F. Cronin, G. A. Koch. 
Town of Emeryville — James T. Gushing, Marshal. 
Brooklyn Township — Chas. F. Weldon, J. W. Glaze. 
Alameda Township — H. W. Van Kapff, Geo. D. Gray. 
Eden Township — W. J. Ramage, J. A. Gallet. 
Washington Township — George Wales, S. B. Vander- 

voort. 
Murray Township — L. Lyster, G. S. Fitzgerald. 

Questions on the Directory. — How many of these offices 
are filled by popular election ? What other appointive officers 
are there whose names do not appear here? Make an esti- 
mate of the number of persons engaged in the government of 
this county. To whom are they responsible for their official 
conduct? Can such responsibility be as direct and definite 
as in a business corporation ? 

Receipts and Disbursements 

By County Treasurer 

Receipts^ 1897 

State and County Taxes $813,128.65 

School Taxes 183,119.67 

Personal Property Taxes 25,749.78 

Poll Taxes 20,584.45 

Road Poll Taxes 6,136.15 

School Moneys received from State 271,747.33 

Railroad Taxes 15,872.22 

Redemption 7,388.84 

Delinquencies 3j40I.73 

State School Lands 104.44 

Collateral Inheritance Tax 7,029.52 

Licenses 14,546.15 

Fines 3,049.20 



THE COUNTY 171 

Fees earned by County Officers $37,104,21 

Law Library, Fees and Dues 1,685.00 

Teachers Institute and Library Fees 452.00 

Feeding United States Prisoners 576.80 

Return One-half Salary Webster Street Bridge Tender 800.00 

Advertising 841.50 

Sale Old Lumber and Bricks 257.30 

Sale of Property Unknown and Indigent Dead . . . 29.37 

Overcharge in Claims ^.yc 

Return of Money by Hamburg Commission .... 250.00 

Costs of Suit, Buswell z/j. Supervisors 428.10 

Money Found on Deceased Indigent ii7-05 

Maintenance Orphans by the State 10,165.55 

Manse Clinics 58.95 

Error in Claims y.oo 

Sale of Dirt (Fruitvale District) I9S-50 

Sale of Rock (Peralta District) 20.00 

Duplicate Claims (Brooklyn District) 30,00 

Donation (Brooklyn District) 150.00 

School Building Funds — Sale of Bonds 3,210.00 

Bay School District Taxes 2,723.30 

Elmhurst School District Taxes 225.70 

Fruitvale School District Taxes 3,018.85 

Hays School District Taxes .72 

Lorin School District Taxes 1,507.67 

Newark School District Taxes . 515-95 

Niles School District Taxes 707*78 

Peralta School District Taxes 1.21 

Piedmont School District Taxes 2,897.40 

Pleasanton School District Taxes 2,758.23 

Russell School District Taxes 582.68 

Temescal School District Taxes 10.46 

Union School District Taxes 698.83 

Questions, — From the above examples, what are the chief 
sources of county revenues ? What are miscellaneous sources ? 
Can any other sources of revenue be suggested ,'' What money 
is received by the Treasurer that is not to be expended in the 



1/2 THE COUNTY 

county? What money is received from the State Treasury? 
How were the School District Taxes levied? By whom are 
they to be spent? For what purposes? Why do not the 
names of all school districts appear in this statement? 

Disbursements, 1897 

Total Amount paid by order of Board of Supervisors J^38 1,054.78 

Total Amount paid for Salaries of County Officials . 121,154.19 

Amount expended for Maintenance of Public Schools 430,713.05 

Total Amount paid on Orders of Judges and Justices I7>737'30 
Payments made by County Treasurer by Authority of 

the Statutes 548,679.11 

Total Disbursements ^1,499,338.43 

By Balance in County Treasury, January 2, 1898 . . 490,199.23 

;^i,989.537-66 

Summary of Claims allom^ed against the County of 
Alameda during 1897 

Maintenance of Government. 

(«) Legislative and Executive. 

Board of Supervisors — Salaries and 

Mileage Fees ;^ii,52i.70 

County Clerk — Salaries and Inci- 
dental Disbursements .... 23,556.60 
County Recorder — Salaries and 

Incidental Expenses .... 18,228.57 
Surveyor — Incidental Expenses of 

Office 185.05 

General Expense — Accounts other 

than Departments and Districts 24,631.26 ^78,123.18 

(Jy) Election Expenses'^ 212.70 

{c) Legal. 

County Litigation — Expenses . . 284.00 

^78,619.88 
1 Not a regular election. 



THE COUNTY 1 73 

(^) Financial System. 

State Government — Contribution 

from Alameda County .... ^460,132.79 

Assessor — Salaries and Incidental 

Expenses 25,915.50 

Auditor — Salaries and Incidental 

Expenses 6,534.88 

Tax Collector — Salaries and Inci- 
dental Expenses 11,319.54 

Treasurer — -Salaries and Incidental 

Expenses 6,517.45 

Rebates — Taxes, Fines, etc. . . 5,257.17 

Interest on Registered Warrants . I30-53 ^5i5>8o7.86 

^594,427-74 

Care of Public Grounds and Buildings. 

Court House — Expenses of Main- 
tenance and Repair ^8,321.53 

Hall of Records — Expense of Main- 
tenance and Repair 12,448.97 

Grounds and Gardens — Care of 

and Maintenance 2,315.45 ^23,085.95 

Public Education. 

Board of Education — Salaries and 

Incidental Expenses . . . ^^1,396.25 

Superintendent of Schools — Sala- 
ries and Incidental Expenses . 4,997.22 

Schools — Disbursements in Various 

Districts 445,482.33 

Teachers' Institute — Expenses . 217.90 

Law Library 2,297.25 

School Building 3,526.01 

Union High and Special Schools — 

Maintenance and Expenses . . 42,587.30 

Bonds, etc i9»o53-oo i^S 19,557-26 



174 THE COUNTY 

Public Charities and Hospitals. 

Infirm and Aged — County Infirm- 
ary Expenses ^55»953-69 

Emergency and Accident — Receiv- 
ing Hospital and Insane Annex 

Expenses 6,308.53 

Indigents — Supplies to .... I7>353.95 

Indigents — Burial of 2,215.00 

Criminals — Feeding of .... 5,043.60 
Incorrigibles — Maintenance at 

Reform Schools 1,664.00 ^88,538.77 

Public Justice and Protection. 

Coroner — Fees and Expenses . . ^6,649.38 

County Jail — Maintenance and Re- 
pairs 4,470.56 

Constables — Fees and Expenses . 14,510.60 

District Attorney — Fees and Ex- 
penses 16,002.98 

Grand Juries — Expenses and Com- 
pensation 2,324.10 

Health Officers — Salaries . . . 249.35 

Judges, Superior — Half of Salaries 

paid by Alameda County . , . 20,204.33 

Justices' Courts — Fees and Expenses 9,819.85 

Rebate of Fees 13-94 

Appraisers' Fees . ... . . . 66.70 

Sheriff — Salaries and Expenses . 18,118.17 

Stenographers — Fees, etc. . . . 16,573.91 

Sanitary Districts — Running Ex- 
penses and Redemptions . . . 20,734.33 

Township Jails — Expenses of 

Maintenance 44-75 

Witness Fees — Criminal Cases . i>354-78 ^^131, 137.73 

Public Highways. 

County Roads — Maintenance and 

Betterment 1147,367.14 



THE COUNTY ' 1 75 

Questions. — What four authorities have power to order 
payments from the County Treasury ? What are the largest 
items of expenditure, excluding the payments to the State 
Treasury? What persons in the county control the largest 
part of public expenditure ? Compare the amount expended 
for public charity with that spent for maintaining the public 
schools. Which does the more good? Compare cost of the 
courts with that of the schools. Could it be shown that if 
people were better educated the courts might cost less? 
What lines of expenditure seem to you extravagant, if any? 
What lines ought to be increased ? 



Outlines of Legal Procedure 
(chiefly in the superior court) 

Look up the following references and report precise 
definitions. Consult also dictionaries and law diction- 
aries, as Abbott's Law Dictionary and Anderson's Dic- 
tionary of Law, for each particular. 

1. Outline of Civil Action in the Superior Court. 
See sections of Code of Civil Procedure as follows : Com- 
plaint, 405, 425-426. Summons, 407-416. Demurrer, 
430. Answer, 437. Pleadings, 420-422. Judgment, 
577. Issues and mode of trial, 588-591. 

2. Ascertain the meaning of the following terms : 
Injunction, 525. Attachment, 537. Costs, 1021-1024. 
Writ of review, 1062-107 1. Writ of mandate, 1084- 
1087. Writ of prohibition, 1103-1104. 

3. What is an appeal? 938-940. 

4. Give the meaning of the following terms in Probate 
business. See dictionaries and Code of Civil Procedure, 
Part III : Title XI : Will. Probate. Executor. Admin- 
istrator. Guardian. 



1/6 THE COUNTY 

5. What is the law for the distribution of the estate 
of a person dying intestate? Civil Code, 1386. 

6. What is the right of eminent domain? Code of 
Civil Procedure, 1 237-1 241. 

7. Give exact definitions for the following. See sec- 
tions of Penal Code as follows: Crime, 15. Punish- 
ments, 15. Felony, 17. Misdemeanor, 17. Lawful 
Resistance, 692-694. 

8. Oudine of Criminal Procedure before a magistrate 
and in the Superior* Court. See sections of the Penal 
Code as follows : Complaint, 806. Warrant for arrest, 
811, etc. Magistrates who may issue warrants, 807-808. 
Arrest, 834-851. Examination, 858-870. Testimony, 
C. C. P. 1827, 1878-1884. Result of examination, 871- 
872. Holding to answer and commitment, 872-873, 877. 
Bail, 875. Indictment, 888, 950-952. Arraignment, 976, 
988. Demurrer, 1002, 1004. Plea, 1016, 1017. Change 
of venue, 1033-1038. Formationof the jury, 1 046-1 049. 
Challenging the jury, 1055-1088. Trial, 1041-1042, 1093. 
Evidence, argument, charge to the jury, verdict, 1135- 
1157. Acquittal and discharge, 1 165. Exceptions, 1 1 70- 
1173. New trial, 1 1 79- 1 181. Arrestof judgment, 11 85- 
1188. Judgment and execution, 1191-1220. Appeal, 

1235-1243- 

9. Having completed the studies indicated above, give 
a complete account of the trial of a civil case in the 
Superior Court ; of the probating of a will ; of the care 
of the property of a minor ; of a criminal case in which 
the offence charged is a felony. 

10. So far as possible illustrate each point in the above 
(No. 9) by actual instances either of personal knowledge 
or from newspaper report. 



THE COUNTY 1 77 

II. After consultation with your parents or adult 
friends visit some court-room and make a report upon 
the business transacted. 

Write a Topical Review of the work on California 
County Government, making use of the form given for 
the school district on page i88 with proper changes in 
the list of officers. 

3. History and Description of County Government 

Bibliography 
Gomme. Literature of local institutions. 

General 

Fiske. Civil government, ch. iii. 

Howard. Local constitutional history, pt. iii. 

Wilson. The state. Index, county, sheriff. 

Langmead. EngHsh constitutional history, 16-18. 

Chalmers. Local government, ch. vi. 

Stubbs. Constitutional history of England, 1 : 128-139. 

Freeman. Comparative politics, ch. iii. 

In California 

Bancroft. California, VI : ch. xix. 

Cronise. Natural wealth of California, ch. iii. 

Special county histories, usually illustrated. 

New Year's editions of San Francisco daily papers. 

In Older States 

Ford. American citizen's manual, I : ch. ii. 
Hart. Practical essays, ch. vii. Same in Chautauquan, 
XIV: 274-278 (Dec, 1891). 

N 



1/8 THE TOWNSHIP 

Hart. American history told by contemporaries, II : 
188-208. 

See Atlases and volumes of American Commonwealth Series for 
maps showing counties in various states. 

The following are in volumes of the Johns Hopkins 
University Studies : 

Channing. Town and county government, II : x. 

Ingle. Virginia local institutions, III : ii, iii. 

Shaw. Local government in Illinois, I : iii. 

Gould. Local government in Pennsylvania, I : iii. 

Johnson. Old Maryland manors, I : vii. 

Wilhelm. Maryland local institutions, III : v, vii. 

Ramage. Local government in South Carolina, I : xii. 

Bemis. Local government in the South and South- 
west, XI : xi, xii. 



CHAPTER XVIII 
THE TOWNSHIP AND ITS MODIFICATIONS 

1. The New England Town and its History 

The township organization, with town meeting and elec- 
tion of local officers, was adapted by the founders of New 
England from the parish system of England at the time 
of the colonization. Parish, or township, history in Eng- 
land carries the student back to the beginnings of the 
nation in the days of Teutonic settlement. A still older 
chapter in this history can be found in the institutions of 
the early Germans. Thus the town is far the oldest of 
our institutions. This history can be studied from the 
following references : 



AND ITS MODIFICATIONS 179 

Early History and Description of the Township 

Fiske. Civil government, ch. ii. 

Fiske. American political ideas, ch. i. 

Howard. Local constitutional history, pt. i. 

Wilson. The state. Index, towns ^ township, parish. 

Maine. Village communities, 78-82. 

Seebohm. English village community. Maps. 

Chalmers. Local government, chs. ii, iii. 

Hearn. Aryan household, ch. ix. 

Laveleye. Primitive property, chs. ii, iv, vii. 

Gomme. Village community. Maps. 

Stubbs. Constitutional history of England, I : ch. v. 

Langmead. EngUsh constitutional history, 5-16. 

In New England 

Howard. Local constitutional history, 50-99. 

Hart. Practical essays, ch. vi. Same in Chautauquan, 
XIV: 145-149 (Nov., 1891). 

Taylor. English constitution, 1 : 29-31. 

Quincy. Municipal history of Boston, chs. i-iii. 

Winsor. Memorial history of Boston, I : Colonial 
period, chs. iii, etc. 

Andrews. United States, 1 : 39-47. 

Hildreth. United States, I : ch. vii. 

Parker. Origin, etc. of New England towns, Mass. 
Historical Society, 1866-186 7. 

Adams. Genesis of the Massachusetts town, Mass. 
Historical Society. Proceedings, VII: 172-263 (Jan. 
1892). 

Hart. American history told by contemporaries, II ; 
212-223. 



l80 THE TOWNSHIP 

The following are in volumes of the Johns Hopkins 
University Studies : 

Andrews. River towns of Connecticut, VII : vii-ix. 

Hosmer. Samuel Adams, the man of the town-meet- 
ing, II : iv. 

Levermore. Town and city government of New Haven, 
IV : X. Republic of New Haven, Extra vol. I. 

Channing. Town and county government, II ; x. 

Adams. Germanic origin, I : ii. 

Modern Town-meeting 

Hart. Town government in Cape Cod, Nation, LVI : 
343 (May ii, 1893). 

Fiske. Town-meeting, Harper's monthly, Jan. 1885. 

Hosmer. Samuel Adams, ch. xxiii (Town-meeting of 
to-day) . 

A good understanding of the character and scope of 
the business transacted at the annual meeting of a New 
England town can be gained from the following copy 
of the Town Warrant of the Town of Andover, Mass., 
as published, in announcement of the meeting, in the 
Andover Townsman of March 4, 1898. 

Town Warrant 

In the name of the Commonwealth of Massachusetts you 
are hereby directed to notify and warn the inhabitants of 
the Town of Andover, qualified to vote in town affairs, to 
meet and assemble in the Town House, in said Andover, 
on Monday, the seventh day of March, 1898, at nine 
o'clock A.M., to act on the following articles, namely : 

Article i . — To choose a Moderator to preside at said 
meeting. 



AND ITS MODIFICATIONS l8l 

Article 2. — To choose Town Clerk, Treasurer, Collec- 
tor of Taxes, one member of the Board of Selectmen, 
Assessors, and Overseers of the Poor for one year or 
three years as the meeting may determine, and one 
member for one year to fill vacancy, one member of the 
Board of Health for three years, and one member for two 
years to fill vacancy, three members of the School Com- 
mittee for three years, one Water Commissioner for three 
years, one Trustee of the Memorial Hall for seven years, 
one Sewer Commissioner for three years. Superintendent 
of Streets, five Trustees of Punchard School for three 
years, one or more Auditors of Accounts, Constables, 
Fence Viewers, Field Drivers, Surveyors of Lumber, a 
Pound Keeper, Fire Wards, and any other officers the 
town may determine to choose. 

Article 2>- — To take action on the following question, 
" Shall Licenses be granted for the sale of Intoxicating 
Liquors in this town?" 

Article 4. — To determine what sums of money shall 
be appropriated for Schools, Schoolhouses, School Books 
and SuppHes, Highwa3^s and Bridges, Sidewalks, Remov- 
ing Snow, Horses and Drivers, Town Officers, Town 
House, Hay Scales, Fire Department, Lisurance, Street 
Lighting, Printing and Stationery, Spring Grove Ceme- 
tery, Memorial Day, State and Military Aid, Waterworks, 
Interest on Bonds, Funds and Notes, State and County 
Taxes, Abatement of Taxes, Almshouse Expenses, Relief 
out of Almshouse, Repairs on Almshouse, and other town 
charges and expenses. 

Article 5 . — To see if the Town will appropriate a 
sum of money for a Steam Fire Engine on petition of 
the Engineers. 



r82 THE TOWNSHIP 

Articled. — To see if the Town will appropriate a 
sum of money for an addition to the present Engine 
House No. I, for a stable, on petition of the Engineers. 

Article 7. — To see if the Town will appropriate a sum 
of money to paint and repair Engine House at Ballard 
Vale, on petition of Engineers. 

Article 8, — To see if the town will accept Chapter 
386, Acts of 1895, as amended by Chapter 139, Acts of 
1897, entitled an Act to authorize the Town of Andover 
to estabUsh a system of Sewerage. 

Article 9. — To see if the Town will accept that portion 
of the system of sewers shown on plan of McClintock and 
Woodfall, dated January, 1894, lying on the east side of 
the Shawsheen River, together with the outlet to the 
Merrimac River, as a sewerage system and authorize the 
construction thereof. 

Article 10. — To see if the Town will authorize the 
issue of Eighty Thousand Dollars of Bonds for Sewer con- 
struction, on recommendation of Sewer Commissioners. 

Article 11. — To see if the Town will appropriate a 
sum of money to extend the concrete walk around the 
southerly end of Crescent Park, on petition of the Village 
Improvement Society. 

Article 12. — To see if the Town vote to and will 
revoke its acceptance of the laws providing for the elec- 
tion of Selectmen, Assessors, and Overseers of the Poor, 
for terms of three years, on Petition of George H. Poor 
and nineteen others. 

Article 13. — To see whether the Town will appropriate 
One Thousand Dollars to purchase of John H. Flint the 
present temporary entrance to Carmel Woods, and a new 
entrance from Walnut Avenue, as recommended by the 
Park Commissioners. 



AND ITS MODIFICATIONS 1 83 

Article 14. — To see if the Town will appropriate 
Twelve Hundred Dollars for general use of the Park 
Commissioners for the ensuing year. 

Article 15. — To see whether the Town will authorize 
the Park Commissioners to sell such wood as may be cut 
in Carmel Woods, and apply the proceeds in extension 
of work therein. 

Article 16. — To see whether the Town will adopt 
Chapter 190 of the Acts of 1896, relating to Tree War- 
dens, or Chapter 254 of the Acts of 1897, relating to a 
Forester to have charge of the trees in the highways, on 
petition Village Improvement Society. 

Article 17. — To see if the Town will authorize the issue 
of Five Thousand Dollars of Water Bonds for construction 
purposes, on petition of the Water Commissioners. 

Article 18. — To see if the Town will appropriate a 
sum of money for care of the Public Dump, on petition 
of Village Improvement Society. 

Article 19. — To act on the reports of Town Officers. 

Article 20. — To see if the Town will accept the list 
of names of Jurors prepared by the Selectmen. 

Article 21. — To fix the pay of the Firemen for ensu- 
ing year. 

Article 22. — To determine the method of collecting 
the taxes the ensuing year. 

Article 23. — To determine the disposition of unex- 
pended appropriations. 

Article 24. — To hear the final report of the Commit- 
tee on the Celebration of the 250th Anniversary of the 
Settlement of the Town, and appropriate a sum of money 
as recommended therein. 

Article 25. — To authorize the Treasurer to hire money 



1 84 THE TOWNSHIP 

for the use of the Town in anticipation of Taxes, upon 
the approval of the Selectmen. 

Article 26. — To determine the amount of money to 
be raised by taxation the ensuing year. 

Article 27. — To transact any other business that may 
legally come before the meeting. 

Given under our hands at Andover this twenty-third 
day of February, in the year one thousand eight hundred 
and ninety-eight. 

Arthur Bliss, \ Selectmen 

Samuel H. Boutwell, >- of 
John S. Stark, ) Andover. 



The following is a list of appropriations ; a part of 
these are the amounts recommended by several of the 
departments. Those marked thus * are the amounts of 
last year. 

Schools $21,000.00 

School-houses 2,000.00 

School-books and Supplies 1,500 00 

*Repairs on Highways and Bridges 3,000.00 

*Macadamized Roads 4,000.00 

*Sidewalks 1,500.00 

*Removing Snow 500.00 

Town Officers 5,000.00 

Town House 1,000.00 

Water-works, Maintenance 4,200.00 

Sinking Fund 875.00 

Fire Department, Running Expenses .... 2,500.00 

New Apparatus, Stable Repairs 7,800.00 

Fire Alarm, Maintenance 300.00 

Horses and Drivers 3,000.00 



AND ITS MODIFICATIONS 1 85 

♦Street Lighting $4,100.00 

Printing and Stationery 700.00 

Spring Grove Cemetery 200.00 

Memorial Day 200.00 

State Aid 1,600.00 

Military Aid 300.00 

Expenses of Almshouse 4,000.00 

Relief out of Almshouse 5,000.00 

Repairs on Almshouse 500.00 

State Tax 5,000.00 

County Tax 5,000.00 

Abatement of Taxes 300.00 

♦Interest on Notes, Funds, and Bonds .... 9,500.00 

Insurance 500.00 

Hay Scales 50-oo 

Miscellaneous 1,500.00 

Total $9,6625.00 

Respectfully submitted, 

Arthur Bliss, \ Selectmen 

Samuel H. Boutwell, >- of 
John S. Stark, ) Andover. 

Questions. — What business does the Andover town-meet- 
ing transact? How does this compare with the business of a 
California county? What is the difference in method? What 
sort of knowledge and experience must be required to transact 
the business of the Andover town-meeting? What would 
you consider the chief merits of the town system? State 
conditions under which these advantages would be lost. 
Make a further study of New England town by getting 
accounts from people who have lived in New England town, 
by getting newspaper copies of town documents or reports of 
town-meetings, or from the published town reports. Work 
out the following outline : 



1 86 THE TOWNSHIP 

The New England Town 

(Briefly describe each topic.) 

1. Area. 

2. Population. 

3. Town-meeting and its work. 

4. Elected officers and their duties. 

5. Scope of town government. 

6. Advantages of town government. 

2. The California School District 

A School District is a convenient area within a county 
organized for the purpose of maintaining a public school. 
Districts are designated by names, as Alvarado, Eureka, 
Hays, Pleasanton, Stony Brook Districts of Alameda 
County. They vary in size and form according to the 
topography of the region and the density of population. 
In localities where settlement is rapidly thickening, there 
is a strong tendency to subdivide districts up to the Hmit 
imposed by the law. In portions of the state once cov- 
ered by Spanish ranchos, often the names and sometimes 
the boundaries of these ranchos are perpetuated in the 
school districts. A list of the districts in any county may 
always be found in the office of the County Superintend- 
ent of Schools or in the office of the State Superintendent 
of Public Instruction at Sacramento. Maps showing the 
boundaries of school districts of any county can always 
be found in the office of the County Assessor and some- 
times in the office of the Superintendent. 

The organization of school districts is uniform through- 
out the state, in accordance with provisions of the Politi- 
cal Code. 



AND ITS MODIFICATIONS 1 87 

The portions of the PoHtical Code that relate to the 
government of schools are gathered together in a small 
volume entitled " School Law of California," and issued 
for the use of schools from the office of the Superin- 
tendent of Public Instruction. The organization and 
government of school districts can be ascertained from 
the following sections of the School Law : — Formation 
of districts, 1575-1583; election of School Trustees, 
1593-1602 ; their powers and duties, 1611-1624; duties 
of Clerks of school districts, 1649-165 1 ; general rules 
for schools and pupils, 1662-1687; duties of teachers, 
1 696-1 704; powers and duties of the Superintendent of 
Schools, 1543-1553; and of the County Board of Edu- 
cation, 1768-1776, 1874; provision for a County School 
Fund from county taxation, 1817-1820; district taxes, 
1 830-1 839; and regulations in regard to State School 
Funds and the apportionment of school moneys, 1857- 
186 1. Identity of the school district with the self- 
governing township of older states is seen in the method 
of taxation by direct vote of the people of the district 
and by the occasional use of the public meeting for dis- 
cussion. Such meetings are called for the purpose of 
determining or changing the location of the schoolhouse, 
for consultation in regard to any litigation the district 
may be engaged in, or any other important affairs of the 
district (P. C. 161 7, Twentieth). 

Questions. — What is a school district? What may be 
its area? By whom is it created? How is it designated? 
What general rights and powers does it possess ? What are 
its officers? How are they selected? Who are eligible? 
Describe the election. What are the powers and duties of 
trustees? What is the business of the clerk? What are the 



i88 



THE TOWNSHIP 



powers of the electors in the district? On what occasions 
and in what way may they be brought together in pubUc 
meeting? What are the duties of the teacher? What are 
the duties of the pupils? Where does the money come 
from to build a schoolhouse? Trace the full history of a 
tax for building a schoolhouse. What is the County School 
Fund? How is it raised? How is it distributed? What is 
the State School Fund? How is it distributed? Why does 
the Assessor need to know the boundaries of the school dis- 
tricts? How is a teacher's certificate obtained? Write a full 
history of the formation of a school district, its organization, 
equipment with building, furniture, etc., and the employment 
of a teacher, showing the action of every officer concerned. 
Complete the following Topical Review : 

The California School District 

I. Area. 

II. Population. 

III. General powers. 

IV. Outline of organization. 



Parts. 


Description. 


Powers and Duties. 


I. 


Electors 








2. 

3- 


Taxpayers 
Trustees 








4- 


Clerk 








5- 
6. 


Superintendent 

County Board 

Education 


of 






7- 


Teacher 








8. 


Pupils 









AND ITS MODIFICATIONS 1 89 

3. The Township in California 

The term." Township " is used in CaUfornia to denote : 
a. The unit of area in the United States land survey, — a 
square of thirty-six square miles ; b. a subdivision of the 
county estabUshed by the Board of Supervisors in accord- 
ance with the County Government Law (p. 153) and 
serving the following purposes : 

1 . The area for the assignment of election officers, and 
a unit for the collection of election returns. 

2. Very generally the unit in the assignment of repre- 
sentation in the conventions of political parties. This 
develops some unity of pohtical hfe in the township. 

3. Occasionally the township is the same as a super- 
visor district. 

4. Sometimes for the allotment of funds in road im-. 
provement. 

5 . Universally as the basis of election of Justices of 
the Peace and Constables. A Justice's Court is the ele- 
mentary court in the state system. (See California Const., 
Art. VI, sees, i and 2.) The Constitution permits the 
organization of township governments with power of 
taxation and management of local affairs (Art. XI, sec. 4) ; 
but so far (1898) there has been no movement in this 
direction. 

Townships 

Townships are found in all counties except San Fran- 
cisco. Amador, Alpine, Contra Costa, Inyo, Kern, Las- 
sen, and San Mateo, have five townships each, designated 
by numbers. Some other counties, as Santa Barbara and 
Placer, have eight or ten, designated in the same way. 



igo 



THE TOWNSHIP 



In the majority of counties, however, townships are desig- 
nated by names. The following examples illustrate town- 
ship names, and show their variation in population : 

Alameda Comity 

Township ^°^i"89o'°'' Township ^^^x'sgo'"'' 

Oakland 12,040 Murray 5j937 

(Exclusive of Oakland City.) Brooklyn 35 108 

Eden 7>336 Alameda ii>i65 

Washington .... 5,596 



Los Angeles County 

Township ^°^i"89o'°" Township 

Fairmount 721 Rowland 

Soledad 2,711 Los Nietos . 

San Fernando . . . . 1,1 10 Downey . . 

Calabasas 440 Long Beach 

Los Angeles ... . 2,996 Wilmington 

(Exclusive of Los Angeles City.) Compton 

Pasadena 7,222 Chautauqua 

El Monte 2,557 San Antonio 

San Gabriel . . . . 1,713 Ballona . . 

South Pasadena . . . 623 Cahuenga . 

Azusa 1,851 Santa Monica 

San Jose 5,oio 



Population 
1890 

736 
1,926 

3,538 
1,051 
2,360 
2,013 
668 
3,269 
4,492 
1,725 
2,327 



Township 

San Rafael 3,7 18 

(Exclusive of San Rafael City.) 

Sausalito 2,403 

Bolinas 'i 
NicasioJ 



Marin County 

Population 



Township 
Novato . 



Population 
i8qo 



Punta Reyes | 
Tomales / 
San Antonio 



554 
1,866 

337 



AND ITS MODIFICATIONS 



191 



Sacramento County 

Township iSqo Township 

Sutter 2,096 Sari Joaquin 

Granite ...... 1,970 American 

Lee 540 Center 

Cosumnes 359 Natoma . 

Michigan Bar .... 85 Mississippi 

Alabama 414 Georgiana 

Dry Creek 963 Brighton 

Franklin 1,885 



Population 
1890 

1,383 
642 

389 
318 
316 

1,311 
1,282 



History of California Township 
References 

As the California township is merely a subdivision of the 
county used chiefly for judicial organization, its history 
must be found in the subject of county history, No. V. 
The offices of Justice of the Peace and Constable can be 
studied as particular topics in themselves, for which see 
the following : 

Howard. Local constitutional history. Index. 

Smith, P. V. English institutions, ch. iii. 

Medley. English constitutional history. Index. 



Organization of the Judicial Township 

The Officers of a township are two ^ Justices of the 
Peace, two Constables, and such inferior and subordi- 
nate officers as may be provided by law. 

1 Townships containing cities that elect a City Justice have but one 
Township Justice, and in townships having a population of less than 
three thousand, the Supervisors may allow but one Justice and one 
Constable (58). 



192 THE TOWlSrSHIP AND ITS MODIFICATIONS 

Elections take place at the same time and in the same 
manner as for county officers (58). Any elector of the 
township is eligible for election (54) (P. C. 4102). A 
Justice's Court may be held at any place within the town- 
ship, and must be always open for the transaction of 
business. 

Powers and Duties 

Justices^ Courts have civil jurisdiction in actions for 
the recovery of money ; for damages for injury ; to re- 
cover possession of personal property ; for a fine, penalty, 
or forfeiture, etc., provided the sum claimed, exclusive 
of interest, does not amount to three hundred dollars. 
They have criminal ju7'is diction of the following public 
offences committed within their respective counties : petit 
larceny ; assault or battery ; breaches of the peace, riots, 
routs, affrays, committing a wrongful injury to property ; 
and all misdemeanors punishable by fine not exceeding 
five hundred dollars, or imprisonment not exceeding six 
months, or both (Code of Civil Procedure, 103-115). 
Justices of the Peace are also magistrates, having author- 
ity to issue warrants of arrest ; to examine the defendant 
when brought before him ; and if due cause be found, to 
order the accused to be held to answer to the offence 
charged, and committed to the Sheriff of the county 
(Penal Code, 806-883). 

Constables must attend the courts of Justices within 
their township ; and within their counties, execute, serve, 
and return all process and notices delivered to them (153) 
(P. C. 43 14) . They are governed further by the law regu- 
lating the duties of Sheriffs. 

Compensation of Justices and Constables is sometimes 



MUmCIPALITIES 193 

by salary, but more frequently by fees. Both salaries and 
fees are regulated in the County Government Law. 

Questions. — What difference in names of townships is 
noticed between Sacramento and Los Angeles counties? Is 
there any equality of population among the townships? Find 
a map of California showing the surveyor's townshiiDs. Have 
these any political significance? If possible, find a map of 
some county showing the judicial townships. How are their 
lines determined? Write a full discussion of the township in 
California, comparing with New England, and pointing out the 
necessary distinctions. Suppose that on a trip in the country 
your bicycle is stolen, describe the proper steps to be taken 
in its recovery, and detail the legal proceedings in the arrest 
and punishment of the offender. From observation, or from 
newspaper reports, illustrate the functions of the justice of 
the peace. (Remember that in cities the criminal jurisdiction 
detailed above is generally turned over to a police court.) 



CHAPTER XIX 
MUNICIPALITIES 



1. General Form of City Government 

Bryce, Chapter XLIX. The Government of Cities. 
Topics. — Rapid growth of cities. General form of gov- 
ernment. Resemblance to state government. Office of 
mayor. Administrative departments. Education. Mu- 
nicipal legislation. Courts. Elections. Partisanship. 
Nature of municipal functions. Municipal taxation. 

Supplementary Questions. — i. Answer the following for 
any city that you are acquainted with : Is the city legislature 



194 MUNICIPALITIES 

made up of two chambers? Do two chambers give better 
city government than one? Does the mayor have a veto? 
Does he appoint administrative officers? Are the members 
of the city council elected by wards ? Are the wards of impor- 
tance in the affairs of the city? Are the elections contested 
on national party lines ? What are the ordinary rates of city 
taxes ? What other revenues has the city ? Are the revenues 
sufficient for the city's needs? 2. What changes or improve- 
ments in city government have you heard discussed? Do 
these topics receive much general attention? 3. Does good 
city government depend upon the form of the government or 
upon the character and spirit of the citizens ? 

Bryce, Chapter L. The Working of City Govern- 
ments. Topics. — Tests of efficiency of city govern- 
ment. CostHness of city government in the United 
States. City government a conspicuous failure. Sug- 
gestions of the New York commission of 1876 as to 
causes of failure and remedies proposed. Some signs 
of recent improvement. 

Supplementary Questions. — i . Answer for some city with 
which you are acquainted : Do the evils pointed out in the 
chapter exist? If not, how are they avoided? If so, can 
they be traced to the causes suggested by the New York com- 
mission? Can other causes be discovered ? 2. Take up each 
point suggested as a remedy and discuss its value. Of all 
these points, which seem to you the most important for good 
city government ? What character and what spirit in the citi- 
zens are the foundation of good city government ? Can you 
help toward securing these ? 

Chapter LI. By Hon. Seth Low. An American View 
of Municipal Government in the United States. Topics. 
— Essential difference between American and European 



MUNICIPALITIES 1 95 

politics. Influences of European immigrants upon 
American cities. Difficult material problems. Lack of 
foresight. Mistakes in the form of city charters. Im- 
provements made in the charter of Brooklyn of 1882. 
Influence of Brooklyn's example. The most serious 
problem concerns the legislative branch. Reasons for 
hopefulness for future improvement. 

Supplementary Questions. — i. What new points in regard 
to the faults of city government are brought out in this chap- 
ter? 2. What influence has the Brooklyn charter had upon 
other cities? 3. How has the government of Brooklyn been 
changed since 1888? (See charter of Greater New York, 
1897.) Was this change a step forward in municipal im- 
provement? 

2. The History of Municipal Government 

REFERENCES 

Bibliography 

San Francisco Free Public Library Bulletin, II : 61 
(Aug., 1896). 

Gross. BibHography of British municipal history, 
Harvard Historical Studies, vol. V. 

Brooks. Bibliography of municipal administration, 
Municipal Affairs, I : No. i (Mar., 1897), Reform Club, 
N. Y. 

Hodder. Brief bibhography of municipal government 
in the United States, Kansas University Quarterly. 

In Europe 

Stubbs. Constitutional history, III : 602-643. 
Chalmers. Local government, ch. v. 



196 MUNICIPALITIES 

Shaw. Municipal government in Great Britain. 
Shaw. Municipal government in Continental Europe. 
Porritt. The Englishman at home, ch. i. 

See also histories of particular cities in Historic Towns Series. 

In the United States 

Conkling. City government in the United States. 

Goodnow. Municipal problems. 

Proceedings National Conference for good city govern- 
ment. Published annually from 1894. 

Quincy. Municipal history of Boston, chs. iv, v. 

Winsor. Memorial history of Boston, vol. III. 

Hart. Practical essays, ch. viii. 

Moffett. Suggestions on government, ch. vii. 

Goodnow. Municipal home rule. 

Bancroft. CaUfornia, I : chs. xvii, xviii (cities in early 
Cahfornia). 

Sparling. Municipal history of Chicago, Bulletin of 
University of Wisconsin, No. 23. 

Durand. Finances of New York city. 

See also histories of particular cities in Johns Hopkins Univer- 
sity Studies. 

3. City Government in California 

Before 1880, cities in California were incorporated by 
special act of the legislature. Sometimes the name of 
town was used for the smaller places, but without any 
difference in character. A few of these special charters 
are still in force (1898). The Constitution of 1879 re- 
quired the legislature to provide for the incorporation of 
cities by general laws. The legislature in 1883 passed a 









POPULATION. 


Between 


500 


and 


3,000 


u 




3,000 


a 


10,000 


ii 




10,000 


a 


15,000 


a 




15,000 


a 


30,000 


u 


Over 


30,000 
100,000 


u 


100,000 



MUNICIPALITIES 1 9/ 

general Municipal Corporation Act (Statutes of 1883), 
providing charters for cities of six classes, distinguished 
according to population as follows : 

CLASS. 

Sixth . 
Fifth . 
Fourth 
Third . 
Second 
First . 

But any city of over 3500 inhabitants may frame a 
charter for itself as provided for in the State Constitu- 
tion, Art. XI, sec. 8. The following cities have pro- 
vided themselves with charters in this way, copies of 
which may be found in the volumes of Cahfornia Statutes 
for the years given: Berkeley, 1895, p. 409; Eureka, 
1895, p. 355 ; Grass Valley, 1893, p. 628; Los Angeles, 
1889, p. 455 ; Napa, 1893, p. 641 ; Oakland, 1889, 
p. 513 (amendments, 1895, p. 353) ; Sacramento, 1893, 
p. 545 ; San Diego, 1889, p. 643; San Francisco, 1899, 
p. 241 ; San Jose, 1897, p. 592 ; Santa Barbara, 1899, p. 
448; Stockton, 1889, p. 577; Vallejo, 1899, p. 370. 

Up to 1895 there were eight corporations under the 
general law of 1883 as cities of the fifth class, e.g. Ala- 
meda, Fresno ; and sixty-five incorporations as cities of 
the sixth class, e.g. Benicia, Pasadena. For full hst see 
State Blue Book for 1893 or 1895. 

Questions and Suggestions. — Obtain a copy of the charter 
of some city of California, preferably one in which you have 
lived. Get together any other material giving information in 
regard to it,— such as maps, census reports, description of 
industries and trade, schools, etc. Supplement this informa- 



198 



MUNICIPALITIES 



tion by inquiry among people acquainted with the affairs of 
the city. From these sources work out a report according to 
the following topics : 



Report upon the City of 



Location. 

Area (exact or ( Legal area within city limits. 

approximate) ( Area covered with improvements. 
Population by last census. 
Leading industries or lines of business. 
Points in the history of the city (as first settlement, first 
incorporation, etc.). 

6. Outline of organization as shown by present charter. 



Officers 



I. Mayor or Chief 

Executive 
II. Other Adminis- 
trative Officers 
Auditor 
Clerk 
Treasurer 
et al. 

III. Administrative 

Boards or Com- 
missions 

Police 

Fire 

etc. 

IV. The Council or 

Legislative 
Body 
V. Board of Edu- 
cation 



Description 



Powers and Duties 



MUNICIPALITIES 1 99 

7. General condition of the city. 

If these reports can be made out upon a considerable num- 
ber of cities by different members of the class, comparison 
may then be made to determine, if possible, a general type. 
Compare these results with the description of American cities 
in Bryce, Chapter XLIX. By the use of the references under 
section i, similar reports can be made upon Eastern or foreign 
cities, giving further opportunities for comparison. 

Are California cities satisfied with their charters ? What 
evidence is there of a desire to change them frequently either 
by amendment or by revision ? Is this evidence found in the 
larger or the smaller cities ? What is the reputation of city 
government in California, — in the cities themselves ; among 
people on the outside ? What is being done to improve city 
government ? What are the chief difficulties to be overcome ? 
What can you do toward improvement ? 

4. The Government of San Francisco 

San Francisco is the metropolis of the state by reason 
of its largest population, its greatest wealth in mercantile 
and banking business, and by reason also of its being the 
general centre for distribution of merchandise brought 
by sea. It occupies a unique position in the institutions 
of the state, being a consolidated city and county. Its 
individual interests are preeminently municipal ; but the 
usual county affairs of taxation, the judiciary, etc., require 
the ordinary machinery of county government. Thus its 
manifold and complicated interests would naturally require 
a complex organization of government. But this natural 
complexity was carried to the point of confusion through 
variety of legislation and judicial interpretation. San 
Francisco received municipal incorporation by Act of 
Legislature, approved April 15, 1850. This law was re- 



200 MUNICIPALITIES 

pealed and the city re-incorporated by Act of Legis- 
lature, approved April 15, 185 1. This charter was 
amended in 1855, but wholly superseded and the com- 
bined city and county government established by Act of 
Legislature, approved April 19, 1856, and known as the 
" Consohdation Act." Amendments were piled upon 
the consolidation act by subsequent legislatures until the 
adoption of the present state constitution, in 1879, cut off 
all such special enactments. After 1880 many changes 
were made in the government of San Francisco by 
general laws of the state and also by laws general in form 
(for cities of over a hundred thousand inhabitants), but 
intended to apply to San Francisco alone. Perplexing 
conflicts arose from this legislation, producing litigation, 
the general effect of which was to increase rather than to 
diminish doubt and confusion. In the meantiaie repeated 
efforts were made to replace the outgrown consolidation 
act, and to rescue the municipality from its administra- 
tive confusion by means of a charter. These efforts were 
ineffectual until 1898, when finally a charter was adopted 
by the electors of the city, and subsequently approved by 
the legislature. The record is as follows : 

Through the Legislature 

1873. Charter prepared by John F. Swift for the executive com- 
mittee of the Taxpayers' Union. Merely advisory. 

1880. Act of the legislature entitled, "An Act to provide for the 
organization, incorporation and government of merged 
and consolidated cities and counties of more than one 
hundred thousand population." Approved April 24, 1880. 
Declared unconstitutional by the State supreme court in 
the case of Desmond v. Dunn, California Reports, vol. 55, 
p. 242. 



MUNICrPALITIES 201 

By Boards of Freeholders 

1880. Board elected, March 30, 1880. J. P. Hoge, president. Pro- 
posed charter signed, June 28, 1880. Submitted to the 
electors, Sept. 8, 1880. Defeated by vote of 4,145 For to 
19,207 Against. 

1 882-1 883. Board elected, Nov. 7, 1882. John S. Hager, presi- 
dent. Proposed charter signed, Jan. 9, 1883. Submitted 
to the electors, March 3, 1883. Defeated by vote of 9,336 
For to 9,368 Against. 

1886-1887. Board elected, Nov. 2, 1886. Ralph C. Harrison, 
president. Proposed charter signed, Jan. 31, 1887. Sub- 
mitted to the electors, April 12, 1887. Defeated by vote 
of 10,790 For to 14,841 Against. 

1894-1896. Board elected, Nov. 6, 1894. Joseph Britton, presi- 
dent. Proposed charter signed, Feb. 4, 1895. Submitted 
to the electors, Nov. 3, 1896. Defeated by vote of 14,218 
For to 15,619 Against. 

1897, July 27. " Committee of One Hundred " appointed by Mayor 
James D. Phelan to frame a charter for the advice of the 
next board of freeholders. 

1 897-1 899. Board elected, Dec. 27, 1897. Joseph Britton, presi- 
dent. Proposed charter signed, March 25, 1898. Sub- 
mitted to the electors. May 26, 1898. Adopted by vote 
of 14,386 For to 12,025 Ag^^if'i'^t- Approved by the legis- 
lature, Jan. 19, 1899. In effect as a whole, Jan. i, 1900. 

Questions. — Was San Francisco persevering in the at- 
tempt to get a charter ? Were the voters very much inter- 
ested ? (Compare the total vote on a charter with the number 
of registered voters at the time, or with the vote cast in the 
city for governor or mayor at the same election.) If you can 
consult a copy of one of the defeated charters, compare it 
with the charter of 1 898-1 899. Is the last charter the best ? 
What bearing has this experience of San Francisco upon the 
question, — can a large city be expected to act wisely in the 
organization of its own government ? 



202 MUNICIPALITIES 

Study of the Charter of i 898-1 899 

The charter was published for 20 days following 
March 25, 1899, in the San Francisco Call and in the 
Daily Report. It was also published in pamphlet form, 
and a limited number of copies distributed through the 
courtesy of the Merchants' Association. 

A careful edition with an introduction and annotations 
by Edward F. Treadwell is pubhshed by the Bancroft- 
Whitney Co., San Francisco. The charter may also be 
found in California Statutes, 1899, p. 241. 

Questions. — Having obtained a copy of the charter answer 
the following : Is the city divided into wards ? What use of 
the referendum is provided for ? How may the electors 
initiate amendments to the charter ? Watch the records 
carefully to see if these provisions are brought into use. 
What are the provisions in regard to contracts ? the annual 
budget ? the custody of public moneys ? What do these 
provisions indicate in regard to the previous experience of the 
city ? Is the power of appointments centralized in the mayor? 
What provision is made for the city's ownership of water 
works, gas works, etc. ? Are the principles of the merit sys- 
tem recognized in the civil service of the city? 

Using the form given above on page 198 make a com- 
plete outline of the organization of San Francisco. For 
questions of history consult the books given below. 

References on the History of San Francisco 

San Francisco Free Public Library Bulletin, II : 64 
(Aug., 1896), III: 46-48, 58-60 (May, June, 1897). 
Bancroft, H. H. California. 7 vols. Index, vol. VII. 
Dwindle. Colonial History of San Francisco. 



MUNICIPALITIES 203 

Royce. California, ch. v (to 1856). 

Hittell, T. H. California. 4 vols. Index, vol. IV. 

Hitteli, J. S. San Francisco. 

Moses. Establishment of municipal government in 
San Francisco. (In Johns Hopkins University Studies, 
VII : Nos. ii, iii.) 

Treadwell. Charter of San Francisco^ 1899. Intro- 
duction. 

Freud. Municipal affairs in San Francisco. (In Pro- 
ceedings Louisville Conference for Good City Govern- 
ment, 1897: 249-255.) 

See also references on the history of California, page 108, above. 



PART V 

HISTORY AND POLITICS 

The work of this division is associated with Part III of 
Bryce, abridged edition, or with Volume II of the two- 
volume edition. Pupils will be interested in reading the 
entire second volume of the unabridged edition. Mr. 
Bryce's discussions touch the realities of American life at 
all points and will afford many opportunities to connect 
the school work with actual observation and experience. 
The following chapters offer a few suggestive questions 
and lists of references for historical study. 



CHAPTER XX 

HISTORY OF POLITICAL PARTIES 

1. Bryce, Chapter LII. Political Parties and their His- 
tory- 
Questions. — What parties have a national organization at 
the present time ? (See Political Almanacs.) Describe the 
method of organization, tracing to the foundation in local com- 
mittees or conventions. What principles does each party 
stand for ? (See Party Platform, last pubHshed.) What 
parties of the present time are to be identified with those 
existing before 1876 ? Do these stand for the same principles 
now as then ? Ascertain all that you can of relative party 

204 



HISTORY OF POLITICAL PARTIES 205 

strength in the whole nation, and in particular regions, by 
examining the returns published for the last congressional or 
presidential election. (See Political Almanacs.) Is party 
spirit on the increase or not ? Ought new parties to be 
formed ? How can new parties be formed ? Which is 
wiser for a reformer, to work within an old party or to form 
a new one ? 

2. References on the History of Political Parties 

(Together with some of the great questions that have divided them.) 

To be used by pupils for individual work, — written 
abstracts and reports, and oral recitation and discussion. 
As the study of the Webster-Hayne debate is common 
in high schools, references are given upon the topics 
therein discussed. 

I. Political Parties to 1830 

Survey of the origin of parties in national affairs and 
of the development of party doctrines ; the record of the 
control of the federal government under varying leaders, 
with the gradual acceptance of party designations. 

Bibliography 

Winsor. America, VII : ch. v, end. 
Channing and Hart. Guide, §§ i6o, 163, 165-167, 
169, 173, 176-177, 179- 

General Works for the Period 

Winsor. America, VII : ch. v. 

Lalor. Cyclopedia. Articles on Ahen and sedition 
laws ; Anti-federal party ; Caucus system ; Compromise ; 
Convention, the Hartford ; Democratic-Republican party ; 



206 HISTORY OF POLITICAL PARTIES 

Federal party ; Kentucky and Virginia resolutions ; Party 
government in United States. 

Schouler. United States, I (1789-1801); II (1801- 
181 7) ; III (181 7-183 1). Index, vol. V. Parties. 

McMaster. People of the United States, II-IV. In- 
dex to each vol. Federalists^ Republicans. 

Hildreth. United States, IV-VI (i 789-1821). In- 
dex, vol. VI. Federalist, Republican, Anti-Federalist. 

von Hoist. Constitutional history, I : chs. iii-xi. 

Adams. United States, I (1801-1803) : chs. vii-xi ; 
II (1803-1805) : chs. v-x; III (1805-1807) : chs. vi- 
viii, xv; IV (1807-1809) : chs. vii-xii, xix ; V (1809- 
1811) : chs. viii-x ; VI (1811-1813) : chs. vi-viii, xix, 
xx; VIII (1814-1815) : chs. i, xi; IX (1815-1817) : 
chs. iv-vi. See also General Index, vol. IX. Parties. 

Stanwood. Presidential elections, chs. i-xi. 

Young. American statesman, chs. v-xxix. 

Johnston. American politics. Index. Parties. 

Brooks. Short studies in party politics, ch. i. 

Patton. Political parties, sees. i-ix. 

Hart. Formation of the union. Index. 

Walker. Making of the nation. Index. 

Morris. Half hours with American history, II : 286- 
316. 

Hewes. History of political parties. Chautauquan, 
XIV: 24-29. 

Boyd. Political history, 271-350. 

Houghton. American politics, chs. iv-x. 

Patten. American people, II : 692-726. 

Partridge. Making of the American nation, ch. ii. 

Tileston. Handbook of administrations. 

Ormsby. Whig party, chs. iv-xvii. 



HISTORY OF POLITICAL PARTIES 20/ 

Van Buren. Political parties in the United States. 
Sargent. Public men and events, I : chs. i, ii. 
Ramsay. United States, III : chs. xxxii, etc. 

Biographies Containing Portions of Party History 

(Many in the American Statesmen Series.) 

Morse, John Adams, chs. x, xi. Wells, Samuel Adams, 
III : 294-361. Morse, John Quincy Adams, chs. i, ii. 
Quincy, Life of J. Q. Adams, chs. ii, v-vii. Parton, Life 
and times of Aaron Burr, 2 vols. Lodge, Life and letters 
of George Cabot, chs. iii-xiii. von Hoist, John C. Cal- 
houn, chs. ii, iii. Stevens, Albert Gallatin. Adams, 
Albert Gallatin, bks. ii-iv. Azistin, Elbridge Gerry, II : 
chs. iv-xi. Morse, Thomas Jefferson, chs. viii-xviii. 
Parton, Thomas Jefferson, chs. xli-lxvi. Lodge, Alexan- 
der Hamilton, chs. v-ix. Gay, James Madison, chs. xii- 
xix. Rives, Life and times of Madison, III. Adams, 
Madison and Monroe. Gilmaji, James Monroe. Roose- 
velt, Gouverneur Morris, chs. xii, xiii. Quincy, Life of 
Quincy, chs. iv-xvi. Adams, John Randolph. Garland, 
John Randolph, I : chs. xvi-xxxvii ; II : chs. vi-xxx. 
Shepard, Martin Van Buren, chs. i-v. Crockett, Martin 
Van Buren. Lodge, George Washington, II : chs. i-v. 
Everett, Washington, chs. viii, ix. Marshall, Washington, 
II : chs. v-xi. Lodge, Daniel Webster, chs. ii-vi. Cur- 
tis, Daniel Webster, I : chs. v-xiv. 

Particular Topics 

Hamilton. United States, IV : chs. Ixxi, Ixxii (first 
administration) ; V : passim (Hamilton- Jefferson contro- 
versy) ; VI : passim (foreign complications) . 



208 HISTORY OF POLITICAL PARTIES 

Dwight. Hartford convention. 
Lawton. American caucus system. 
McMillan. Elective franchise in the United States 
(effects of caucus system). 
McMaster. With the fathers, 71, etc. (early politics). 

See also special subjects to follow, as Tariff, Bank, etc. 

Contemporary Writers 

J/<3!<r/^7, Sketches of debate in first Senate. Maclay, 
Journal (i 789-1 791). Jefferson, Writings, collected and 
edited by P. L. Ford, vols. V, etc. Adams,/., Works. 
Index, vol. X. Washington, Writings ; ed. by W. C. 
Ford, vols. XI-XIV. Index. Madison, Writings, 4 vols. 
Index. Johnston, ed., Representative American orations, 
3 vols. Adams, J. Q., Memoirs, vols. I-VIII. Index, 
vol. XII. Adams, H., ed.. Documents relating to New 
England federaHsm (i 800-1 81 5). Colton, ed.. Life, cor- 
respondence, and speeches of Henry Clay, vol. I. Foore, 
Perley's reminiscences, vol. I. 

II. Interpretation of the Constitution 

a. Theories of the Constitution 

(Channing and Hart. Guide. § 156.) 

General 

von Hoist. Constitutional history, 1 : 47-63. 
Cooley. Constitutional hmitations, ch. ii. 
Cooley. Principles of constitutional law. 
Bancroft. History of the constitution, II : 321-335. 
Burgess. Pohtical science, 1 : 98-108, 142-154. 
Hart. Formation of the Union, 133-135. 
Crane and Moses. Politics, ch. xi. 



HISTORY OF POLITICAL PARTIES 209 

Draper. Civil War, I : ch. xv. 

Loring. Nullification, etc., chs. ii, iii. 

Johnston. Representative American orations, I : 
speeches of John Nicholas, February 25, 1799, and 
Josiah Quincy, January 14, 181 1. 

Lalor. Cyclopedia, III : 788-802. 

See also below, — Webster- Hayne Debate. 

League and Compact Theory 

Stephens. War between the states, 1 : 11 6-1 20, 477- 

485. 

Davis. Rise and fall of confederate government, I : 
134-140. 

Pollard. Lost cause, 38-41. 

Republic of repubhcs, 59-69, 561-571. 

Story. Commentaries on the constitution, sees. 306- 
309, 321-330, 349-372. 

Arguments against the Theory 

Cooley. Principles of constitutional law, 25-26. 
Wilson. Debates in convention of Pennsylvania. In 
Elhot's Debates, II : 494-499. 
Webster. Works, III : 448-505. 
Webster in Benton's Abridgment, XII : 101-104. 

Instrument of Gover?i?nent Theory 

Stephens. War between the states, 1 : 17-21. 
Draper. Civil war, 1 : 285-286. 
Kent. Commentaries, 1 : 207. 
Story. Commentaries, sees. 339, 340, 372. 
von Hoist. Constitutional law, 43-44, 49-66. 
p 



2IO HISTORY OF POLITICAL PARTIES 



State Sovereignty Theory 

Lalor. Cyclopedia, III : 788-800. 
Stephens. War between the states, 1 : 1 16-147, 465- 
496. 

von Hoist. Constitutional law, 39-47. 

Davis. Confederate government, 1 : 141-156. 

Hurd. Theory of our national existence, 116-141. 

National Sovereignty Theory 

Lalor. Cyclopedia, III : 788-800. 

Webster, in Eliot's Debates, IV : 509-516. 

Jameson. National sovereignty. In Political Science 
Quarterly, V : 193. 

Hitchcock. Constitutional development as influenced 
by Chief Justice Marshall. University of Michigan Polit- 
ical Science Lectures, 1889. 

Story. Commentaries, sees. 350-363, 380-383. 

Arguments against the Theory 

• Calhoun. Works, VI : 107-114. 
Davis. Confederate government, I : pt. ii. 

b. Doctrine of Implied Powers 

General 

Morse. Alexander Hamilton, I : ch. xii. 

Bryce. American commonwealth, I : chs. xxxiii-xxxv. 

Dicey. Law of the constitution, lect. iii. 



HISTORY OF POLITICAL PARTIES 211 

Special and Technical 

Kent. Commentaries, I : lect. xii. 
Pomeroy. Constitutional law, sees. 259-269. 
Patterson. The United States and the states under the 
constitution, ch. ii. 

Hare. Constitutional law, 2 vols. 
Ordronaux. Constitutional legislation. 

III. Alien and Sedition Acts and the Virginia and 
Kentucky Resolutions 

(Channing and Hart. Guide. § 165.) 

Sources 

Annals of Congress, 5th Congress, 1 79 7-1 799. Index. 
American history leaflets, ed. by Channing and Hart, 
No. 15. 

Preston. Documents, 277-298. 

MacDonald. Select documents, Nos. 17-23. 

Elliot. Debates, IV: 528-582. 

Jefferson. Writings, Washington edition, IX : Nos. 39, 47. 

Larned. History for ready reference, V: 2)?i^^~2)Z'^Z' 

Cooper and Fenton. American politics, bk. II : 3-10. 

General 

Lalor. Cyclopedia, I: 56-58; II: 672-677, 720; 
III: 319-321. 

McMaster. People of the United States, II : 389- 

403, 417-427, 464-474, 495- 

Schouler. United States, 1 : 393-427. 

Hildreth. United States. Revised edition, V : ch. xii. 

Johnston. American politics, 49-50. 



212 HISTORY OF POLITICAL PARTIES 

Gay. James Madison, ch. xv. 

Morse. Thomas Jefferson, 193-195. 

Stevens. Albert Gallatin, 152-160. 

Adams. John Randolph, ch. ii. 

Davis. Confederate government, 1 : 185-192. 

Special 

von Hoist. Constitutional history, I : ch. iv. 
Warfield. Virginia and Kentucky resolutions. 
Loring. Nullification, etc. ch. iv. 
Powell. N unification and secession, ch. ii. 
Randall. Thomas Jefferson, II : chs. ix, x. 
Story. Commentaries, sees. 158, 1288, 1289, 1885, 
1886. ■ 
Shaler. Kentucky, ch. x, App. A. 
Hamilton. United States, VII : chs. cxlvii, cxlviii. 

IV. Tariff and Nullification, 1828-1832 

(See also Sec. X, below, and Channing and Hart. Guide. § 183.) 

Sources 

Benton. Abridgment, XI, XII, Index. Duties^ Nulli- 
fication. 

Niles. Register, XXXV-XLIV. 

Calhoun. Works, VI : " South Carohna Exposition of 
1828." 

Johnston. Representative American orations, 1 : 196. 

Taussig. State papers and speeches on the tariff. 

Elliot's Debates, IV: 523, 580-593 (President Jack- 
son's Proclamation, Dec. 10, 1833). 

MacDonald. Select documents, Nos. 43, 44, 55. 



HISTORY OF POLITICAL PARTIES 213 

South Carolina Ordinance of Nullification 

Preston. Documents, 299-303. 

MacDonald. Select documents, No. 53. 

Larned. History for ready reference, V : 3366-3369. 

General 

Lalor. Cyclopedia, III : 861. 

Schouler. United States, IV : ch. xiii, sec. iii. 

Young. American statesman, chs. xxxi, xlvi, xlvii. 

Wilson. Division and reunion, 48-68. 

Burgess. Middle period, ch. viii, x. 

Wise. Seven decades, ch. vi. 

Draper. Civil War, I : ch. xxi. 

Davis. Confederate government, 1 : 180-191. 

Greeley. American conflict, 1 : 81-106. 

Schurz. Henry Clay, II : ch. xiv. 

McLaughlin. Lewis Cass, 139-149. 

Roosevelt. Thomas H. Benton, ch. v. 

Special 

von Hoist. Constitutional history, I : ch. xii. 
Loring. Nullification, etc. 
Powell. NulUfication and secession, ch. vi. 
Houston. Critical study of nullification. 
Benton. Thirty years' view, 1 : 81-106. 
Stephens. War between the states, I : colloquies, 
vii-x. 

Ormsby. Whig party, chs. xix-xxiii. 
von Hoist. John C. Calhoun, ch. iv. 
Lodge. Daniel Webster, chs. vi, vii. 



214 HISTORY OF POLITICAL PARTIES 

Curtis. Daniel Webster, I : chs. xvi-xix. 
Sumner. Andrew Jackson, ch. x, xiii. 
Parton. Andrew Jackson, III : chs. xxxii-xxxiv. 
Roosevelt. Thomas H. Benton, 88-94. 
Colton. Henry Clay, II : ch. v-xii. 

V. The Webster-Hayne Debate, January, 1830 

Biography of Webster 

National cyclopaedia of American biography, III : 36. 

Appleton's cyclopaedia of American biography, VI : 
406. 

Curtis. Life of Daniel Webster, 2 vols. 

Lodge. Daniel Webster. 

Harvey. Reminiscences and anecdotes of Daniel 
Webster. 

Lord. Beacon lights of history, IV : lect. xlviii. 

Bolton. Famous American statesmen, 177-229. 

Biography of Hayne 

National cyclopaedia of American biography. III : 
103. 

Appleton's cyclopaedia of American biography. III : 
144. 

Accounts of the Debate 

Wilson. Division and reunion, ch. ii. 
Young. American statesman, ch. xxxix. 
Scribner's magazine, XV: 118. 
Sumner. Andrew Jackson, chs. x, xiii. 
von Hoist. John C. Calhoun, ch. iv. 



HISTORY OF POLITICAL PARTIES 21 5 

March. Daniel Webster and his contemporaries, chs. 
iv-vii. 

See also lives of Webster as above. 



The Speeches 

Benton. Abridgment of debates, X: 418, etc. 

Webster. Works, III : 248-355. 

Niles. Register, The Foot resolution, XXXVII : 291, 
35^5 37S ; Hayne's speeches, January 19, XXXVII : 415- 
418 ; January 21, XXXVIII : 10-24 ; Webster's speeches, 
January 20, XXXVII : 435-440 ; January 26, XXXVIII : 
25-46 ; speeches of other senators in the debate, from 
January 13 to May 20, Sup. to XXXVIII. 

Johnston. Representative American orations (ex- 
tracts), 1 : 213-282. 

Elliot. Debates, IV : 496-521. 

American history leaflets, ed. Hart and Channing : 
No. 30, " Constitutional doctrines of Webster, Hayne, and 
Calhoun" (extracts). 

MacDonald. Select documents, Nos. 47-49. 

VI. Topics Discussed in Webster's Speech of January 

26, 1830 

a. Internal Improvements 

(Channing and Hart. Guide. ^ 179, 185.) 

Development of the policy of internal improvements, 
especially in the early history of the United States gov- 
ernment ; discussion of the constitutional and political 
questions involved. 



2l6 HISTORY OF POLITICAL PARTIES 

In General Works 

Lalor. Cyclopedia. Articles on Cumberland road, 
Internal improvements. 

Elliot. Debates, IV: 434, 461, 467-470, 477, 480, 
525-527 (constitutional questions). 

Hildreth. United States. Index. 

Young. American statesman. Index. 

Schouler. United States, II : 132 (Jefferson's plans), 
297; III: 54,247-251,346-356,477; IV: 117-129,156. 

McMaster. People of the United States, II : 74-79 ; 
III: 461-495; IV: 410-429. 

Adams. United States, III : chs. i, ix. 

Johnston. American politics. Index. 

Walker. Making of the nation. Index. 

Burgess. Middle period. Index. 

Clusky. Political text book, 540-550. 

von Hoist. Constitutional history. Index. 

Andrews. United States. Index. 

In Biographies 

Oilman. James Monroe. Index, 
von Hoist. John C. Calhoun, ch. iii. 

b. Anti-Slavery Petitions 

(Channing and Hart. Guide. \ i6i.) 

von Hoist. Constitutional history, 1 : 89-94. 
Young. American statesman, 468-469. 
Hildreth. United States, Revised edition, V: 177- 
180, 341-342. 

Schouler. United States, 1 : 145-150. 

McMaster. People of the United States, II. Index. 



HISTORY OF POLITICAL PARTIES 21/ 

c. The Embargo Acts 

(Channing and Hart. Guide. \ 171.) 

MacDonald. Select documents, Nos. 27, 28. 
Lalor. Cyclopedia, II : 79-85. 
Schouler. United States, II. Index. 
Adams. United States, vol. IV (i 805-1 809). Index. 
McMaster. People of the United States, III: 276- 
335; IV: 232-237. 

Hildreth. United States, Revised edition, VI. Index. 

Young. American statesman, ch. xvi. 

von Hoist. Constitutional history, 1 : 1 20-1 21. 

Ormsby. Whig party, chs. x, xi. 

Gay. James Madison, chs. xvii, xviii. 

Morse. John Quincy Adams, 37-57. 

Schurz. Henry Clay, I : ch. iv. 

Adams. New England federalism. Index. 

Adams. Albert Gallatin, 1 : 355-443. 

Garland. John Randolph, I : chs. xxxiii, xxxiv. 

d. New England's Threats of Secession 

(Channing and Hart. Guide. \ 173.) 

Lalor. Cyclopedia, 1 : 624. 

von Hoist. Constitutional history, I: 135, 187, 197, 
221-223. 

Adams. New England federalism (documents). 

Hildreth. United States, VI : 226, 320-325, 381-383, 
426-429, 453-455- 

McMaster. People of the United States, IV : ch. 
xxviii. 

Lodge. Daniel Webster, 45-71. 



2l8 HISTORY OF POLITICAL PARTIES 

Schouler. United States, II : 417. 
Adams, United States, II : ch. viii. Also, Index, vol. 
IX. New England. 

Powell. Nullification and secession, ch. v. 

e. The Hartford Convention (December 15, 18 14) 

Lalor. Cyclopedia, 1 : 624. 
MacDonald. Select documents, No. 32. 
Dwight. Hartford Convention, esp. 342-399. 
von Hoist. Constitutional history, 1 : 254-270. 
Young. American statesman, 269-272. 
Hildreth. United States, VI. Index. 
McMaster. People of the United States, IV. Index. 
Schouler. United States, II. Index. 
Bradford. Federal government, ch. ix. 
Adams. United States. Index, vol. IX. New Eng- 
land Convention. 

Ormsby. Whig party, chs. xi-xiii. 
Quincy. Josiah Quincy. 
Lodge. George Cabot. 
Lodge. Daniel Webster, 45-71. 
Curtis. Daniel Webster, I : ch. vi. 

/. Missouri Compromise 
See under Slavery below. 

VII. Foreign Policy 

Foreign relations at the outset of national government ; 
the breach with France (i 797-1800) ; the struggle for 
neutral trade and the embargo ; the Monroe doctrine ; 



HISTORY OF POLITICAL PARTIES 219 

northeastern and northwestern boundaries ; international 
compHcations of the civil war. 

Bibliography 

Channing and Hart. Guide, § § 162, 164, 1 70-1 71, 
178, 192, 212. 

Winsor. Narrative and critical history, VII : ch. vii, 
end. 

Gilman. James Monroe, 271. (On Monroe doc- 
trine.) 

Historical and Critical Works 

Winsor. Narrative and critical history, VII : ch. vii. 

Hale. United States, ch. xxviii. 

Hart. Formation of the union. Index. France, Eng- 
land, etc. 

Channing. United States. Index. 

Lalor. Cyclopedia. Articles on Alabama claims. 
Embargo, Genet, Jay's treaty, Monroe doctrine. Trea- 
ties. 

Snow. American diplomacy. 

Schuyler. American diplomacy. 

Schouler. United States (i 783-1861). 5 vols. In- 
dex. Treaty. 

McMaster. People of the United States (i 783-1 821) 
4 vols; II: 89-98, 165-174, 204-235, 245-259, 285- 
289, 319-335. 344, 350-353. 367-410, 527-529. 588- 
592; III: 27-41, 200-312, 347-369. 391-411; IV: 

256-279. 351-356, 372-375. 437-483- 
Adams. United States (1800-18 17). 9 vols. (See 

chapter headings in each volume.) 



220 HISTORY OF POLITICAL PARTIES 

von Hoist. Constitutional history, 8 vols. Index. 
Names of treaties (1783-1861). 

Andrews. United States, II : period iv, ch. x j period 
V, chs. ii, iii. 

Young. American statesman. Index, Monroe doc- 
trine, etc. 

Hildreth. United States (to 1821). Index. Great 
Bidtain, France, etc. 

Gibbs. Administration of Washington and Adams, I : 
ch. viii, etc. ; II : chs. i-v. 

Hamilton. United States, IV : 193-196 j V : ch. Ixxxvii, 
etc. ; VI : ch. cxvii. 

Ramsay. United States (to 1815), III: chs. xxxiii, 
etc. (App. Napoleon's decrees, etc.) 

Blaine. Twenty years of Congress, I : chs. i-iv, xxv ; 
II : chs. XX, xxvii. 

Rhodes. United States, vols. I, II. (1850-1860). 
Index. Clay ton- Bulwer Treaty, Cuba. 

Benton. Thirty years' view. See contents. Treaties. 

Wharton. International law, I : ch. iii, sees, iii-viii. 
(Monroe doctrine) ; II : ch. vi. (treaties) ; III : ch. 
xiii (fisheries) ; ch. xxi (neutrality). 

Tucker. Monroe doctrine. 

McMaster. With the fathers, ch. i (Monroe doctrine) . 

Cushing. Treaty of Washington (Alabama claims). 

Biographical 

Morse, John Quincy Adams, 18-163. Quincy, Life of 
J. Q. Adams, ch. iv (Treaty of Ghent). Adams, Albert 
Gallatin, bk. iv (1813-1829). Stevens, Albert Gallatin, 
chs. V, viii. Morse, Thomas Jefferson, chs. x, xvii. Gay, 
James Madison, chs. xiii, xvi-xix. Magruder, John Mar- 



HISTORY OF POLITICAL PARTIES 221 

shall, chs. vii-ix. Gilman, James Monroe, chs. iii-vii. 
Sparks, William Pinkney, 11-59 (i 796-1818). Lodge, 
George Washington, II : ch. iv. Lodge, Daniel Webster, 
ch. viii (Webster-Ashburton treaty, 1842). 

VIII. Political Parties from Jackson to the Civil War 

Continuation of party history with the reorganization 
and new party names after Monroe's time, and new issues 
such as the poUcy of Jackson, the war on the bank, tariff 
and nuUification, the rise of the Whigs and their pohcy, 
new tariff measures, the slavery crisis, the compromise of 
1850, and the great struggle over Kansas. 

Bibliography, Especially for Sources 
Channing and Hart. Guide, §§ 1 81-183, ^9^-^9^i 

195-197? 199-203- 
Winsor. America, VII : ch. v, end. 

General Works for the Period 

Schouler. United States, IV, V. Index. Parties. 

Johnston. American politics. Index. 

Wilson. Division and reunion, chs. i.-vii. 

Burgess. Middle period, chs. vii-xxii. 

Cooper. American politics, bk. i : 29-71. 

Brooks. Short studies in party politics, chs. ii, iv. 

Patton. Political parties in the United States. 

Lalor. Cyclopedia, I, II. Articles on Abolition, 
American party. Anti-masonry, Compromises, Democratic- 
Republican party, Dred Scott case, Free-Soil party, In- 
dependent treasury, Kansas-Nebraska bill, Nominating 
conventions. 



222 HISTORY OF POLITICAL PARTIES 

Ford. Rise and growth of American politics. 
von Hoist. Constitutional history, I-VII. Index. 
Young. American statesman, chs. xxxviii, etc. 
Andrews. United States, II : period iii. 
Houghton. American politics, chs. xi-xvii. 
Boyd. PoHtical history, 351-434. 
Holmes. Parties and their principles, chs. ix, etc. 
Porter. Constitutional history, pt. iii : chs. iv, v. 
Moore. American congress, chs. xix-xxv. 
Stanwood. Presidential elections, chs. xii-xix. 
Hewes. Political parties. Chautauquan, XIV : 149- 
152- 

Biographies 

Morse, John Quincy Adams, ch. iii. Quincy, Life of 
J. Q. Adams, chs. viii-xiv. von Hoist, John C. Calhoun, 
chs. iv-ix. Yoimg, Lewis Cass, chs. viii-xvii. McLaugh- 
lin, Lewis Cass, chs. v-xi. Quincy, Life of Quincy, ch. 
XX. Shepard, Martin Van Buren, chs. vi-xii. Lodge, 
Daniel Webster, chs. vii-x. Curtis, Daniel Webster, 
I : chs. xv-xxiv ; II. Boutwell, Lawyer, statesman, 
etc. Webster, Lincoln 

Particular Topics 

Ormsby, Whig party, chs. xviii-xxxi. Byrdsall, The 
Loco-Foco or Equal Rights party. Smith, The Liberty 
and Free-Soil parties in the Northwest. Harvard His- 
torical Studies, VI. Schmeckebier, The Know-Nothing 
party in Maryland (in Johns Hopkins University Studies, 
XVII : Nos. 4-5). Jones, Modern democracy. Patton, 
Democratic party. Lawton, American caucus system. 
Norcross, Democracy. Tyler, Parties and patronage. 



HISTORY OF POLITICAL PARTIES 223 

Wtlso7t, Rise and fall of the slave power, vol. II. Smal- 
ley, Republican party. Davis, Short history of the con- 
federate states, pt. i. 

Contemporary Writings 

(See also references in Channing and Hart, as above.) 

McKee, ed. National platforms of all poHtical parties. 

MacDonald. Select documents. No. 50, etc. 

Poore. Perley's reminiscences, I : chs. vi-x, xiv, etc. 

Benton. Thirty years' view, 2 vols. 

Seward. Works, ed. G. E. Baker, 1:51, etc. (speeches 
in U. S. Senate) . IV: 223, etc. (pohtical speeches). 

Cooper. American pohtics, bk. ii (platforms). 

Godwin, Parke. Political essays. 

Sargent, N. Public men and events, I : chs. iii, iv ; II. 

Hilliard, H. W. Politics and pen pictures, chs. xv-xxx. 

Parker, T. Works, IV (discourses on politics). 

Tilden, S. J. Public writings and speeches, I : chs. 
i-xviii. 

Webster. Works, 19th ed. 6 vols., various speeches. 

Clay. Life and speeches, ed. Colton, 6 vols. 

Calhoun. Speeches, 3 vols. (Works, vols. 4-6.) 

Lincoln. Works, ed. Nicolay and Hay, vol. I. 

Kendall, Amos. Autobiography. 

Sumner. Memoir and letters, ed. E. L. Pierce, III : 
ch. xxxii, etc. 

Adams, J. Q. Memoirs, vols. IX-XII. Index. 

Johnston. Representative American orations, vols. II, 
III : pts. iv, v. Woodburn edition, vols. I-III. 



524 HISTORY OF POLITICAL PARTIES 

IX. United States Banks 

The circumstances and the poUcy of chartering a bank 
by the United States government ; the poUtical history 
of the banks of 1791 and 1816 ; President Jackson's 
overthrow of the second, and the ineffectual attempts 
of the Whig party to restore it under President Tyler. 
(Channing and Hart. Guide. \\ 158, 174, 182, 184, 191.) 

Statutes and Documents 

Goddard. Banking institutions, 1831 (contains Ham- 
ilton's report recommending the original bank, 1790). 

Clarke and Hall. Legislative and documentary history 
of the Bank of the United States (the bank of 1 791). 

Dunbar. Currency, finance, and banking. (Complete 
compilation of statutes.) 

Muhleman. Monetary systems, 39-41. 

Reform Club. Sound currency, 31-44. 

American history leaflets. No. 24. Documents relative 
to the bank controversy. 

MacDonald. Select documents, Nos. 50-5 2, 54, 5 7-62. 

Historical 

Consult the general histories referred to above under 
Political Parties, as Schouler, McMaster, Hildreth, An- 
drews, Channing, Hart's Formation of the Union, John- 
ston's American pohtics, and von Hoist's Constitutional 
history. See Index, Bank of the United States or Bank, 
national. Also the following : 

Bolles. Financial history (i 789-1860). Index. 
Sumner. History of banking, I : periods ii-v. 



HISTORY OF POLITICAL PARTIES 225 

Lalor. Cyclopedia. Article on Bank controversies. 

White. Money and banking, 248-316, 406-419. 

Walker. Money, ch. xxi. 

Sumner. American currency. 

Burgess. Middle period, chs. ix, xii. 

Wilson. Division and reunion, ch. iii. 

Upton. Money in politics, ch. xi. 

Kinley. Independent treasury, ch. i. 

Royall. Andrew Jackson and the bank. 

Clusky. Political text-book, 75-80. 

Young. American statesman. Index. 

Hamilton. United States, IV : 220, etc. (Hamilton's.) 

Webster. Works, III : 391-447. 

Benton. Thirty years' Vi^^. (See contents.) 

In Biographies 

Roosevelt, Thomas H. Benton, ch. vi. Schurz, Henry 
Clay, II : ch. i. Steveits, Albert Gallatin, 256-288. 
Lodge, Alexander Hamilton, ch. v. Sumner, Andrew 
Jackson, chs. xi-xiii. Parton, Andrew Jackson, III : chs. 
xxix-xxxi. Shepard, Martin Van Buren, ch. viii, ix. 
Lodge, Daniel Webster, 207-210, 226-230. 

X. Tariff Legislation 

The record of the tariif laws of the Unites States from 
1789 to i860, and current political discussion; theoreti 
cal works are not included. 

Bibliography 

Winsor. America, VII : 308-328. 
Channing and Hart. Guide. §§ 58, 174, 179, 183, 
191, 195. 
Q 



226 HISTORY OF POLITICAL PARTIES 

Tariff Histories 

Lalor. Cyclopedia. Articles on Customs, Duties, 
Protection, Tariffs of the United States. 

Bolles. Financial history, 1 789-1860. Index. 

Taussig. Tariff history of the United States, 1-154. 

Taussig. Protection to young industries. 

Elliott. Tariff controversy, 1 789-1833. (In Leland 
Stanford Junior University Monographs.) 

Thompson, R. W. History of protective tariff laws. 

Young, Edward. Customs tariff legislation, 1789- 
1870. (Special report to Secretary of the Treasury with 
statistical tables.) 

Strange, D. Farmers' tariff manual, pt. iii. 

Goss. Tariff administration. 

Roberts. Government revenues, ch. iv. (In Columbia 
College Studies.) 

Bishop. American manufactures. Index for particu- 
lar industries. 

In General Histories 

Consult the general histories referred to above under 
Political Parties, as Schouler, McMaster, Hildreth, An- 
drews, Channing, Hart's Formation of the Union, Wilson's 
Division and reunion, Walker's Making of the nation. 
Burgess's Middle period, Johnston's American politics, 
and von Hoist's Constitutional history. See Index, 
Tariff. Also the following : 

Young. American statesmen. Index. 

Hamilton. United States, IV: ch. Ixvi (early). 

Clusky. Political text book, 635-641 (1789-1857). 



HISTORY OF POLITICAL PARTIES 22/ 

Patton. American people, II : 714-726. 
Blaine. Twenty years of Congress, I : ch. ix. 

In Biographies 

von Hoist, John C. Calhoun. Index. Adams, Albert 
Gallatin, 640-642. Stevens, Albert Gallatin, 248-251. 
Lodge, George Washington, 110-119. Lodge, Daniel 
Webster, ch. vi (tariff of 1828). 

Reports and Schedules 

Taussig. State papers and speeches (to 1824). 

Young, E. Custom tariff legislation. (Special report 
to Secretary of the Treasury.) Appendix. 

Report of tariff commission to House of Representa- 
tives, 1883, 2 vols. 

Morrill. Tariff compilation. (Senate commission, 
1884.) 

XI. Revenue System, 1789-1860 

The system of revenue adopted at the organization of 
the Federal government and developed during the period 
to the Civil War. See also above references on Tariff, and 
United States Treasury Reports for amounts of receipts 
and expenditures. 

In General Histories 

Consult the general histories referred to above under 
Tariff. See Index, Excise, Revenue, Internal revenue, 
Tariff, etc. Also the following : 

Young. American statesman. Index. 

Adams. United States, Index, vol. IX., Finance, 



228 HISTORY OF POLITICAL PARTIES 

Hamilton. United States, IV : 1-7, 159-172, 208-220 
(Hamilton's policy). 

Gibbs. Administration of Washington and Adams, 2 
vols. Index, Revenue. 

In Biographies 

AdamSf Albert Gallatin, bk. iii. Stevens, Albert Gal- 
latin, ch. vi. Lodge, Alexander Hamilton, ch. v. Gay, 
James Madison, ch. xi. 

Financial Histories and Special Works 

Lalor, Cyclopedia. Articles on Finance, Internal rev- 
enue. Bolles, Financial history, 1 789-1860. Howe, 
Taxation in the United States, chs. i, ii. Carter, Taxation 
in the United States, 1 789-1816. (In Johns Hopkins 
University Studies, vol. II.) Flehn, Introduction to pub- 
lic finance, pt. ii. Bourne, Surplus revenue of 1837. 

Xn. Slavery 

a. Territorial and Slavery Questions, i 789-1806 

(Channing and Hart. Guide. \ 161.) 

American state papers. Miscellaneous, vol. 1 : 12, 2i^6, 
449. 

Lalor. Cyclopedia, II : 315, 671 ; III : 461-469, 735, 
891, 1061. 

von Hoist. Constitutional history, 1 : 302-325. 

Schouler. United States, 1 : 98-101, 142-150, 1 79-199. 

McMaster. People of the United States, II: 15-22, 
144-165, 284-286, 476-489 ; III : ch. xvi. 

Hildreth. United States, IV: 174-206, 225-240, 
267-272, 326-330, 384-387, 622-644. 



HISTORY OF POLITICAL PARTIES 229 

Wilson. Slave power, I : chs. v-vii. 

Winsor. America, VII : App. i, territory. 

Greeley. American conflict, I : ch. vi. 

Ormsby. Whig party, chs. viii, xv, xvi. 

Draper. Civil war, I : ch. xvi. 

Rhodes. United States from 1850, 1 : 1-27. 

Goodell. Slavery and anti-slavery, chs. xix, xxii. 

Cobb. Historical sketch of slavery, ch. x. 

McDougall. Fugitive slaves, §§ 16-35. 

Williams. Negro race in America, I : ch. xxxi ; II : 
ch. i. 

Carey. The slave trade, domestic and foreign. 

Hurd. Law of freedom and bondage, 2 vols. 

Ingram. History of slavery. 

Gay. James Madison, 15 9-1 71. (Anti-slavery peti- 
tions.) 

b. Growth of Slavery and the Missouri Compromise 

(Channing and Hart. Guide. § 177.) 

Lalor. Cyclopedia, 1 : 549-552 ; II : 862. 
von Hoist. Constitutional history, 1 : 324-381. 
McMaster. People of the United States, IV : ch. xxxix. 
Schouler. United States, IV : 133-189. 
Burgess. Middle period, ch. iv. 

Hildreth. United States, V : 498-506, 627-644 ; VI : 
613-686. 

Gay. Bryant's history, IV : ch. xi. 

Greeley. American conflict, I : ch. vii. 

Greeley. Struggle for slavery extension, chs. v-ix. 

Draper. Civil war, I : chs. xvii, xix. 

Williams. Negro race in America, II : ch. i. 

Cobb. Historical sketch of slavery, chs. xvii, xviii. 



230 HISTORY OF POLITICAL PARTIES 

Rhodes. United States from 1850, 1 : 28-38. 

Wilson. Slave power, I : chs. viii-xi. 

Blaine. Twenty years of Congress, I : cli. i. 

Chambers. American slavery, 33-46. 

Young. American statesman, ch. xxiii. 

Stephens. War between the states, II : colloquy 15. 

Ormsby. Whig party, chs. xv, xvi. 

Dixon. True history of the Missouri compromise. 

In Biographies 

Schurz, Henry Clay, I : ch. viii. Roosevelt, Thomas 
H. Benton, chs. i, ii. Morse, John Quincy Adams, 
120-126. McLaughlin, Lewis Cass, ch. iv. 

c. The Abolition Movement and the Slavery 
Controversy, i 830-1 844 

(Channing and Hart. Guide. \\ 186-188.) 

Schouler. United States, IV : ch. xiv. 
Rhodes. United States from 1850, 1 : 38-90. 
Wilson. Division and reunion, ch. v. 
Burgess. Middle period, ch. xi. 

Wilson. Slave power, I : chs. xiii-xvii, xxix, xxx, 
xxxvi, xl. 

Greeley. American conflict, I : chs. ix-xi. 

Draper. American civil war, I : ch. xvii. 

Gay. Bryant's history, IV : ch. xiii. 

Young. American statesman, chs. lii, Ixii. 

von Hoist. Constitutional history, II: 80-146, 219- 

235- 

Goodell. Slavery and anti-slavery. 

Ormsby. Whig party, ch. xxiv. 



HISTORY OF POLITICAL PARTIES 23 1 

In Biographies 

Seward, John Quincy Adams, chs. xii-xiv. Roosevelt, 
Thomas H. Benton, ch. viii. Birney, James G. Birney 
and his times, chs. xii-xviii. Curtis, James Buchanan, 
I : ch. xiii. Schurz, Henry Clay, II : chs. xvii, xxi, 
Johnson, WiUiam Lloyd Garrison and his times. Julian, 
Joshua R. Giddings, chs. i-iii. Frothingham, Theodore 
Parker. Frothingham, Gerrit Smith. Pierce, Memoir 
and letters of Charles Sumner, III : ch. xxx. Toppan, 
Arthur Toppan, ch. viii-xx. Curtis, Daniel Webster, I : 
ch. xxii. 

d. From the Wilmot Proviso to the Compromise 
OF 1850, 1846-1850 

(Channing and Hart. Guide. §^196-197.) 

Lalor. Cyclopedia, III : 1114-1118. 

Schouler. United States, V : chs. xviii-xx. 

Rhodes. United States from 1850, I : chs. ii, iii. 

Wilson. Division and reunion, 153-182. 

Burgess. Middle period, chs. xvi, xvii. 

Greeley. American conflict, I : chs. xiv, xv. 

Wise. Seven decades, ch. xii. 

Stanwood. Presidential elections, chs. xvii, xviii. 

Johnston. Representative American orations, II : 46- 
134 (Calhoun, Clay, Webster), Woodburn edition, II : 
123-218. 

Blaine. Twenty years of Congress, I : chs. iv, v. 

Draper. Civil war, I : ch. xxiii. 

Young. American statesmen, chs. Ixx, Ixxxi. 

von Hoist. Constitutional history. III : chs. xi-xiv. 



232 HISTORY OF POLITICAL PARTIES 

Stephens. War between the states, II : colloquies xiv- 
xvi. 

Wilson. Slave power, II : chs. ii-xxiv. 
Benton. Thirty years' view, II : chs. clxvi-cxcvii. 
Sargent. PubHc men and events, II : chs. vii, viii. 
Poore. Perley's reminiscences, chs. xxvii-xxx. 

In Biographies 

Roosevelt, Thomas H. Benton, ch. xiv. McLaughlin, 
Lewis Cass, chs. viii, ix. Schiirz, Henry Clay, II : chs. 
XXV, xxvi. Nicolay and Hay, Abraham Lincoln, I : chs. 
xiii-xviii. Curtis, Daniel Webster, II : chs. xxxiii-xxxvii. 
Lodge, Daniel Webster, ch. ix. 

e. The Kansas Struggle, 1854-1861 

(Channing and Hart. Guide. \ 200.) 

Lalor. Cyclopedia, II : 664-670. 
Wilson. Division and reunion, 174-187. 
Burgess. Middle period, chs. xix, xx, xxii. 
Rhodes. United States from 1850, I: ch. v; II: 
Index. 

Schouler. United States, V : ch. xxi. 

Spring. Kansas, chs. i-xii. 

Blaine. Twenty years of Congress, I : chs. vi, vii. 

Young. American statesman, chs. Ixxv, Ixxx. 

Greeley. American conflict, I : ch. xvii. 

Draper. American civil war, I : ch. xxiv. 

Gay. Bryant's history, IV : 405-426. 

Davis. Confederate government, 1 : 26-29. 

Stephens. War between the states, II : 240-257. 

von Hoist. Constitutional history, IV : chs. vi-viii. 



HISTORY OF POLITICAL PARTIES 233 

Wilson. Slave power, II : chs. xxx, xxxv, xxxvii, xl. 
MacDonald. Select documents, Nos. 85-88, 90, 92. 
Documents relating to the Kansas- Nebraska Act. 
American history leaflets. No. 1 7. 

In Biographies and Orations 

Nicolay and Hay, Abraham Lincoln, I : chs. xix-xxv, 
II : ch. ii. Roosevelt, Thomas H. Benton, ch. xx. Mc- 
Laughlin, Lewis Cass, ch. x. Sumner, Works, IV : 137- 
256 (" Crime against Kansas "), also in Johnston, Amer- 
ican orations, II : 256-288. Douglas, On the Kansas- 
Nebraska bill ; in Johnston, American orations, II : 218. 
Sanborn, Life and letters of John Brown, chs. vii-xi. 

/. Rise of the Republican Party 

(Channing and Hart. Guide. \\ 201, 203.) 

Lalor. Cyclopedia, III : 597-599. 

Johnston. American politics. Index. 

Schouler. United States, V : Index, Republicans. 

Stanwood. Presidential elections, chs. xix, xx. 

Nicolay and Hay. Abraham Lincoln, I : chs. xx, xxi ; 
II : chs. ii, viii, xv. 

Wilson. Slave power, II : chs. xxxi, etc. 

Rhodes. United States, II : chs. vii, viii, x. 

Blaine. Twenty years of Congress, I : ch. vi, vii. 

von Hoist. Constitutional history. Index, vol. viii. 

Ormsby. Whig party, chs. xxviii-xxxi. 

Wise. Seven decades, ch. xiii. 

Poore. Perley's reminiscences, I : chs. xxxvi-xliv. 

Smalley. Republican party, chs. x-xiv. 

McKee, ed. National platforms of all poHtical parties, 
1852-1860. 



234 HISTORY OF POLITICAL PARTIES 

XIII. Political Parties since the Civil War 

The new lines upon which parties have been divided 
in the period since i860, and the questions of poHtical 
discussion. 

Bibliography 

Channing and Hart. Guide, sees. 205, 207, 208, 213, 
214, ending with 1865. 

Poole. Index to periodical Hterature. Parties , polit- 
ical; Democratic party ^ Republican party. 

General Works for the Period 

Johnston. American politics (to 1881), chs. xx-xxiv. 

Stanwood. Presidential elections, chs. xx-xxv. 

Appleton's annual cyclopedia, Congress. 

Lalor. Cyclopedia. Articles on Democratic party. 
Electoral commission, Party government, Republican 
party. 

Burgess. Civil war and reconstruction. 

Wilson. Division and reunion (to 1889), chs. xi-xiii. 

Hewes. Political parties. Chautauquan, XIV : 279- 
284, 407-411. 

Boyd. Pohtical history (to 1888), 435-540. 

Houghton. American politics (to 1882), chs. xviii-xxii. 

Andrews. United States (to 1890), II : period iv, chs. 
i-iii, xi, and period v. 

Andrews. The last quarter- century in the United 
States (1870-1895), 2 vols. 

Patton. Political parties (to 1896). 

Moore. American Congress (to 1895), chs. xxvi-xxxiv. 

Cooper. American pohtics (to 1882). 



HISTORY OF POLITICAL PARTIES 235 

Smalley. Republican party (to 1884). 
Patton. Democratic party (to 1883). 

Political Memoirs and Contemporary Records 

Blaine, Twenty years of Congress (to 1881), vol. II. 
Garfield, ed. Hinsdale, Works (to 188 1), 2 vols. McKee, 
ed., National platforms of all political parties. Long, 
Republican party (to 1888). McCulloiigh, Men and 
measures, chs. xxiii, xxvi, xxvii, xxxiv. Poore, Perley's 
reminiscences (to 1887), II : ch. iii, etc. Pierce, Memoir 
and letters of Sumner, IV. (to 1874). Tilden, ed. Bige- 
low, Public writings and speeches, 2 vols, (to 1880). 

XIV. The "War Tariffs and Recent Changes 

The tariff policy adopted by the government in the 
period of the civil war, and its development and modifi- 
cations to the present time. 

(Channing and Hart. Guide. § 211.) 

Consult general works referred to in Section XIII 
above, as Andrews, Patton, Johnston's American politics, 
Wilson's Division and reunion, etc. See Index, Tariff. 
Also the following : 

Lalor. Cyclopedia. Article on Tariffs. 

Bolles. Financial history of United States, 1 861-1885. 

Taussig. Tariff history, 155-258. 

Rhodes. United States from 1850, III : ch. xii. 

Boyd. Political history, 72a-i 1 2a. 

Blaine. Twenty years of Congress, I : ch. xviii ; II : 
ch. xxii. 

Atkinson. Taxation and work (discussion of the 
McKinley tariff). 



236 HISTORY OF POLITICAL PARTIES 

Strange. Farmer's tariif manual, 160-197. 

Springer. Tariff reform (to 1892). 

Presidents' messages to Congress, especially President 
Cleveland's message December 6, 1887. Congressional 
record. 

Platforms and Schedules 

Morgan. United States tariffs, 1883. 

Heyl. United States import duties, 1883, vol. II. 

Bowker. Economic fact book (platforms, etc.), 1885. 

Adams. New United States tariff, 1890 (McKinley 
bill). 

Morrill. Tariff compilation to 1884. (Report of 
Senate Committee on Finance, January 7, 1884.) 

Young. Customs tariff legislation, App. A (to 1870). 
(Special report to Secretary of the Treasury.) 

Tariff commission. Report to House of Representa- 
tives, 1882, 2 vols. 

Committee on Ways and Means. Hearings, 1889- 
1890. 

United States Statutes. Act of 1890 (McKinley bill) ; 
Act of 1894 (Wilson bill) ; Act of 1897 (Dingley bill). 
See also Appleton's Annual Cyclopedia, Congress. 

XV. Revenue System since the Civil War 

Development of the revenue system in the war period 
with modifications to the present time. Consult the 
general works referred to in Section XIII above. See 
Index, Taxation, Revenue, Tariff, etc. Also the follow- 
ing : 

Blaine. Twenty years of Congress, I : chs. xviii, xix, 
xxii ; II : ch. xiii. 



mSTORV OF POLITICAL PARTIES 237 

McCullough. Men and measures, ch. xxxi. 
Pierce. Memoirs of Charles Sumner, vol. IV. Index, 
Taxes, Tariff, Debt. 

Financial Histories and Special Works 

Lalor, Cyclopedia. Article on Finance. BoUes, Finan- 
cial history, 1 861-1885. Howe, Taxation in the United 
States, chs. iii-viii. Plehfi, Introduction to public finance, 
pt. ii. Jones, Federal taxes, 1887. Shaw, National rev- 
enues, 1888. Gould 2iYiA Tucker, Federal income tax (law 
of 1894). Davis, Income tax cases (Supreme Court 
decisions upon law of 1894). Also in United States Re- 
ports, vol. 157, p. 429. 

XVI. Legal-Tender Legislation 

The history of the issue of United States notes, espe- 
cially under the Act of Congress of 1862 ; discussions of 
the financial poHcy thereof, and the progress toward 
redemption. Consult the general works referred to in 
Section XIII above. See Index, Legal Tender Laws, 
Greenbacks, United States notes, etc. Also the following : 
(Channing and Hart. Guide. § 211,) 

Blaine, Twenty years of congress, I : ch. xix ; II : 
ch. XX. Rhodes, United States from 1850, III : 464, 559- 
578. Lalor, Cyclopedia. Article on United States notes. 
White, Money and banking, 38-43, 117-234. Bolles, 
Financial history, 186 1- 1 885. Index. Walker, yionty, 
ch. xvi. Lindennan, Money and legal tender, ch. xv. 
Knox, United States notes. Fawcett, Gold and debt, 
186-19 1. Poor, Resumption and the silver question 
(1878). Sumner J American currency, 189-227. Hor- 



238 HISTORY OF POLITICAL PARTIES 

ton, Silver and gold and the problem of resumption 
(1876). Upton, Money in politics, chs. xii-xiv, xvii. 
Gordon, Congressional currency, chs. viii-xi. Dmibar, 
Currency, finance, and banking (statistics). Muhlemajt, 
Monetary systems, 26-29. Reform Club^ New York, 
Sound currency (1895). 

XVII. Coinage Legislation 

The laws of the United States with respect to coinage, 
and the discussion of their operation. 

White, Money and banking, 44-54, 191-223. Lalor, 
Cyclopedia. Article on Coinage. McMaster, With the 
fathers : a century's struggle for silver. BoUes, Financial 
history. Index. Walker, Money, ch. ix. Lindermany 
Money and legal tender. Laiighlin, Bimetallism in the 
United States. Upton, Money in politics. Sherwood, 
History of money, ch. vi. Stevens, Albert Gallatin. 
Index, Specie. Benton^ Thirty years' view. (See con- 
tents.) 

See also general histories, as Hildreth, Schouler, Mc- 
Master. Index, Coins, Coinage, Mint, Specie. 

Silver 

Ehrich. Question of silver. 

Taussig. Silver situation' (statutes of 1878 and 1890). 

Shaler. United States, II : 546-555. 

Johnston. American politics. Index, Silver. 

See also general works referred to in Section XIII 
above, and for further references, San Francisco Public 
Library Bulletin, 1 : 52-54 (July, 1895) ; II : 61 (August, 
1896). 



HISTORY OF POLITICAL PARTIES 239 

Statutes Compiled 

Dunbar. Currency, finance, and banking. 
Muhleman. Monetary systems, 19-24. 
Reform Club, New York. Sound money, 2-21. 

XVIII. Commerce 

A few references on the history of American commerce 
and merchant marine. 

Laloi'^ Cyclopedia. Articles on Navigation laws, Amer- 
ican merchant marine. Schouler, United States. Index, 
Co77imerce. Winsor, Memorial history of Boston, III : 
Trade, commerce, and navigation. Atkmson, Commercial 
development. Bates, American marine. Bolles, Indus- 
trial history, bks. iii, v. Shaler, United States, I : ch. x. 

XIX. The Army and National Defence 

The organization of the military system of the United 
States and a few notices of our plans for national defence. 

Schoukr, United States. Index, Ai'niy. Hamilton, 
United States, IV : 408-41 1 (early organization) . Palmer, 
Historical register. III : 1-18 (army to 1814). Hildreth, 
United States. Index, Ariny. Adams, United States, 
VIII : ch. X. Poussin, United States, pt. ii : chs. i-xii 
(national defences). Ingersoll, History of the War de- 
partment. Shaler, United States, I : ch. xi. 

XX. The Navy, Old and New- 
References to the organization and development of the 
navy, and its relation to the growth of the nation. See 
Index, Navy, 



240 NOMINATING CONVENTIONS 

In General Works 

Laior, Cyclopedia. Article on Navy. Schouler, United 
States. Palmer^ Historical register. Index; III: 19-31. 
Hildreth^ United States. Andrews^ United States. Ben- 
ton, Thirty years' view. (See Contents, Home squadroji. 
Naval academy. 

Special Works 

Maclay, History of the navy. Cooper, History of the 
navy. Reed and Simpson, Modern ships of war. Brooks, 
History of American sailors. Rodgei^s, United States naval 
academy. Soley, Naval academy. King, Warships and 
navies, ch. xxvi. 



CHAPTER XXI 
NOMINATING CONVENTIONS 

Bryce, Chapter LIII. Nominating Conventions 

Questions. — What nominating conventions were held either 
this or last year in this state ? When were the last national 
conventions held? Report upon the last national convention 
of each party, stating place, membership, prominent leaders, 
and work done (see newspaper files). How are convention 
expenses paid? What cities are the favorites for political 
conventions? Give instances to prove the commonness of 
the national conventions in this country for other purposes 
than politics. What facilities do railroads afford? If possi- 
ble, visit the session of some county or city convention. 
Learn all that you can in regard to convention methods, 
order of business, etc. What order of business has become 
traditional ? 



PUBLIC OPINION 241 

Bryce, Chapter LIV. The Nominating Convention 

at Work 

Questions. — Select some one of the most recent national 
conventions and from the accounts in the newspapers and 
magazines, such as the Review of Reviews, report upon the 
followino- : What persons were considered candidates before 
the sittino- of the convention? What names were placed in 
nomination? Describe the position and strength of each per- 
son placed in nomination, according to the points suggested 
in the chapter? How many ballots were taken? How was 
the result determined ? Is the description in the chapter true 
to life? Does it fit the convention you are studying? How 
was the selection of the vice-presidential candidate determined? 
Did the convention carry out the general desires of the party, 
or did it impose objectionable doctrines or nominees upon the 
party? Is there any likelihood of nominating conventions 
beino- given up? Do men like to attend them? Can con- 
ventions be made more reasonable in their methods ? Read 
Dallinger's Nominations for elective office. Harvard His- 
torical Studies^ IV, and report upon particular topics. 



CHAPTER XXII 

PUBLIC OPINION 

After a careful study of Bryce, Chapters LV-LVII, 
something may be done in the line of discussion and 
essay-writing upon such questions or topics as the 
following : Ought the vote of the vicious and ignorant 
to have as much weight as that of the wise and good? 
If this is an evil, is there any remedy? What part should 
every honest and intelHgent man take in the formation 

R 



242 PUBLIC OPINION 

of opinion ? What new methods or influences does the 
nation need for the wiser determining of pubHc ques- 
tions? The part of the school in the government of the 
country. How is it possible for men honest in private 
deaHng to condone dishonesty in officials? What is the 
condition of public opinion in your community? 

References on Democracy 

Discussions of Problems 

Lowell, J. R. Essay on democracy. 
Godkin, E. L. Unforeseen tendencies of democracy. 
Godkin, E. L. Problems of modern democracy. 
Lecky. Democracy and liberty, 2 vols., esp. 1 : 63- 
136. 

Hyslop, J. H. Democracy. 
Thompson, D. G. Politics in a democracy. 
Lowell, A. L. Essays on government. 
Borgeaud, C. Rise of modern democracy. 
Ford, H. J. Rise and growth of American politics, 
de Tocqueville. Democracy in America, 2 vols. 
Norcross, J. History of democracy, chs. xi-xxiv. 
Cree, N. Direct legislation by the people. 
Remsen, D. S. Primary elections. 

Democracy in England. 

Arnold, Matthew. Democracy. (In Mixed Essays.) 
Rose, J. H. Rise of democracy. 
Dickinson. Development of Parliament during the 
nineteenth century. 



BOOK LIST 

Works referred to in Parts I.-IV., arranged alphabetically by 
authors, with more complete titles, and in most cases the publisher, 
and place and date of publication. Books in series, as the Ameri- 
can Statesmen, are given under the name of the series; publications 
of universities and learned societies are included under the name of 
the institution; and in case of a number of books by one author, 
as Fiske, all issued by the same publisher, one title represents all. 
The most useful books for a high school library are designated by 
an asterisk. 

♦Adams, H. History of the United States, 9 vols., Scribner's: 

New York. 1 889-9 1. 
American Academy of Political and Social Science. Annals. 

Philadelphia. 
American archives; IV. series, — Mar. 7, 1774, to July 4, 1776, 

Published under Act of Congress of Mar. 2, 1833, by Peter 

Force: Washington. 1837. 
* American commonwealth series. Houghton : Boston. 

Royce, California ; Johnston, Connecticut; Dunn, Indiana; 

Spring, Kansas; Shaler, Kentucky; Browne, Maryland; 

Cooley, Michigan; Carr, Missouri; Scudder, New York, 2 

vols.; Barrows, Oregon; King, Ohio; Robinson, Vermont; 

Cooke, Virginia. 
American Historical Association. Reports. Government Print- 
ing Office : Washington. 

Same. Published Papers. Putnam : New York. 
♦American history leaflets; edited by Hart and Channing. Lovell : 

New York. 1892-96. 
♦American statesmen series. Houghton : Boston. ■ 

Morse, yi?/^^ Adams; Hosmer, Samuel Adams; McLaughlin, 

243 



244 BOOK LIST 

Lewis Cass; Viox^^^ Benjamin Franklin; Lodge, Alexander, 
Hamilton 'y Tyler, Patrick Henry ; Pellew, yi?/?;? Jay ; Morse, 
Thomas Jefferson; Gay, James Madison; Magruder John 
Marshal; Gilman, James Monroe; Roosevelt, Gouverneur 
Morris; Lodge, George Washington^ 2 vols.; and others. 

♦Amos, S. Primer of the English constitution, 6th ed. Long- 
mans: London. 1890. 

Andrews, E. B. History of the United States, 2 vols. Scribner's : 
New York. 1894. 

Anson, Sir W. R. Law and custom of the constitution. Macmil- 
lan: New York. 1892. 

*Arber, E. Story of the pilgrim fathers. Houghton : Boston. 1897. 

Austin, J. T. Elbridge Gerry, 2 vols. Boston. 1828-29. 

Bagehot, W. English constitution. Appleton: New York. 1872. 

* Bancroft, G. Formation of the constitution of the United States, 

2 vols. Appleton: New York. 1882. 

* Bancroft, G. History of the United States. Last revision, 6 vols. 

Appleton: New York. 1886. 

Bancroft, H. H. California pastoral. The History Co. : San Fran- 
cisco. 1888. 

Bancroft, H. H. History of California, 7 vols. The History Co. : 
San Francisco. 1884-90. 

Bannatyne, D. J. Handbook of the republican institutions of the 
United States. Blackwood: Edinburgh. 1887. 

* Barrett, J. A. Evolution of the ordinance of 1787. University 

of Nebraska. Seminary papers. Putnam: New York. 1891. 
Barrows, W. United States of yesterday and to-morrow. Roberts : 

Boston. 1888. 
Bateman, W. O. Political and constitutional law of the United 

States. Jones : St. Louis. 1876. 

* Benton, T. H. Thirty years' view, 2 vols. Appleton : New York. 

1854. 
Biddle, G. W. Constitutional development in the United States. 

In Cooley et al. Constitutional history. 
Bliss, W. R. Colonial times on Buzzard's Bay. Houghton : Boston. 

1893. 
Blunt, J. Formation of the confederacy (of 1781). New York. 
1825. 



BOOK LIST 245 

*Borgeaud, C. Adoption and amendment of constitutions in 
Europe and America. Macmillan: New York. 1895. 

* Boutwell, G. S. Constitution of the United States at the end of 

the first century. Heath: Boston. 1895. 
Boyd, J. P. Political history of the United States. Phillips and 
Hunt: San Francisco. 1889. 

* Brooks, N. How the republic is governed. Scribner's : New York. 

1895. 
Brown, E., and Strauss, A. Dictionary of American politics. Burt : 

New York. 1888. 
Browne, J. R. Report of the debates in the convention on the 

formation of the state constitution, 1849. Washington. 1850. 

* Bruce, P. A. Economic history of Virginia, 2 vols. Macmillan : 

New York. 1896. 
Bryant, E. What I saw in California. Appleton : New York. 

1848. 
Bryant and Gay. Popular history of the United States, also quoted 

as Gay, Bryant's history, 4 vols. Scribner, Armstrong : New 

York. 1876. 

* California blue book or state roster. Secretary of State : Sacra- 

mento. 

Capron, E. S. History of California. Boston. 1854. 

Carson, H. L. One hundredth anniversary of the promulgation 
of the constitution of the United States, 2 vols. Lippincott : 
Philadelphia. 1889. 

Cawston, G., and Keane, A. H. Early chartered companies. Ar- 
nold: London. 1896. 

* Chalmers, M. D. Local government (Citizen series) . Macmillan : 

London. 1883. 

* Channing, E. The United States of America (Cambridge histori- 

cal series). Macmillan: New York. 1896. 

* Channing, E. Students' history of the United States. Macmillan : 

New York. 1898. 

* Channing, E., and Hart, A. B. Guide to the study of American 

history. Ginn: Boston. 1896. 

* Civil Service Commission. Reports. Government Printing Office : 

Washington. 
Civil Service Reform League, National. Proceedings. New York. 



246 BOOK LIST 

Clusky, W. W. Political text-book, 9th ed. Smith : Philadelphia. 

1859. 
Columbia College. Studies in history, etc. Macmillan : New York. 

* Comstock, J. M. Civil service in the United States. Holt : New 

York. 1885. 

* Congressional directory. Government Printing Office : Washing- 

ton. 

* Conkling, A. R. City government in the United States. Apple- 

ton: New York. 1894. 
♦Cooley, T. M. General principles of constitutional law in the 

United States. Little : Boston. 
Cooley, T. M. Treatise on constitutional limitations. Little: 

Boston. 
Cooley, T. M. ^/ al. Constitutional history of the United States as 

seen in the development of American law. Putnam : New 

York. 1890. 
Cooper, T. V. American politics. Fireside Publishing Co. : Phila- 
delphia. 1892. 
Crane, W. W. and Moses, B. Politics. Putnam: New York. 

1884. 
Cronise, T. F. Natural wealth of California. Bancroft: San 

Francisco. 1868. 
Cummins, Mrs. E. Story of the files : a review of California writers. 

San Francisco. 1893. 
Curtis, G. T. Constitutional history, 2 vols. Harper : New York. 

1889. 
Cutler, W. P. Ordinance of July 13, 1787, for the government of 

territory northwest of the river Ohio. Marietta, O. 1887. 
Daryl, P. Public life in England. Routledge : London. 1884. 
Davidson, Mrs. H. A. Reference history of the United States. 

Ginn: Boston. 1892. 
*Davis, W. J. Political conventions, 1 849-1 892. California State 

Library: Sacramento. 1893. 

* Dawes, A. L. How we are governed. Ginn: Boston. 1896. 
*Desty, R. Constitution of California (1879). Bancroft-Whitney 

Co. : San Francisco. 
Donaldson. Public domain. Government Printing Office : Wash- 
ington. 



BOOK LIST 247 

Doyle, J. A. American colonies previous to the declaration of inde- 
pendence. Rivington : London. 1869. 

Doyle, J. A. English in America, 3 vols. Longmans : London. 
1882-87. 

Doyle, J. A. History of the United States. Holt: New York, 1876. 

Doyle, J. T. History of the "Pious Fund" of California, San 
Francisco. 1880. 
Same published in Papers of California Historical Society. 

Drake, S, A. Making of New England. Scribner's : New York. 
1886. 

* Drake, S. A. Making of the Ohio valley states. Scribner's: 

New York. 1894. 
Durand, E. D. Finances of New York City. Macmillan : New 

York. 1898. 
Dwindle, J. W. Colonial history of San Francisco, 4th ed. Towne 

and Bacon: San Francisco. 1867. 

* Earle, Mrs. A. M. Customs and fashions in old New England. 

Scribner's : New York. 

* Eggleston, E. Beginners of a nation. Appleton: New York. 1896. 

* Elliott, J. Debates in the several state conventions on the adop- 

tion of the federal constitution, 2d ed. 5 vols. Lippincott : 
Philadelphia. 1859. 

* Ellis, G. E. Puritan age and rule in the colony of Massachusetts 

Bay. Houghton: Boston, 1888. 

Elmes, W. Executive departments of the United States. Morri- 
son: Washington. 1879. 

Escott, T. H. S. England : her people, polity, and pursuits, 2 vols. 
Cassell: London. 1880. 

♦Federalist. Edited by E. H. Scott. Chicago. 1894. 

* Fisher, G. P, Colonial era (American history series). Scribner's : 

New York. 1892. 

* Fisher, S. G, Evolution of the constitution of the United States, 

Lippincott: Philadelphia, 1897. 
Fisher, S. G. Making of Pennsylvania. Scribner's: New York. 
1896. 

* Fiske, J. American political ideas. Houghton : Boston, 
Flanders, H. Lives and times of the chief justices, 2 vols. Cock- 
croft: New York. 1875. 



248 BOOK LIST 

*Fonblanque, A. de. How we are governed, l6th ed. Warne: 

London. 1889. 
Ford. Bibliography of the constitution. In Curtis, Constitutional 

history. 

* Ford, W. C. American citizens' manual (Questions of the day 

series). Putnam: New York. 1882. 
Ford, P. L., editor. Essays on the constitution published during 

its discussion, 1787-88. Historical Printing Club: Brooklyn, 

1892. 
Foster, R. Commentaries on the constitution of the United States, 

Vol.1, Boston Book Co. : Boston. 1895. 
Franklin, B. Life of Franklin by himself. Edited by J. Bigelow, 

3 vols. Lippincott: Philadelphia, 1875. 
Franklin, B. Writings. Edited by J. Bigelow. 10 vols. Putnam : 

New York, 1887. 

Same, Edited by J. Sparks. 10 vols. Boston. 1840. 
Freeman, E. A. Comparative politics. Macmillan: New York. 

1874. 
Freeman, E. A. History of federal government, 2d ed. Macmillan : 

New York. 1893, 
Frost, J. History of California. Auburn, N. Y. 1850. 

* Frothingham, R. Rise of the republic of the United States. 

Little: Boston. 1872. 
Gomme, G. L. Literature of local institutions (Booklovers' library). 

Stock: London. 1891. 
Gomme, G. L. Village community. Scribner and Welford: New 

York. 1890. 
Good form in England. By an American. Appleton : New York, 

1888. 
Goodloe, D. R. Birth of the republic. Belford: Chicago. 1889. 

* Goodnow, F. J. Municipal home rule. Macmillan : New York. 

1895. 

* Goodnow, F. J, Municipal problems. Macmillan : New York. 

* Goodwin, J. A. Pilgrim republic. Houghton :. Boston. 1888, 

* Gordy, W. F., and Twitchell, W. S. Pathfinder in American his- 

tory. Lee and Shepard: Boston. 
Grahame, J. Colonial history of the United States, 2 vols. Lea 
and Blanchard : Philadelphia. 1850. 



BOOK LIST 



249 



Gross, C. The gild merchant, 2 vols. Macmillan: New York. 
1890. 

Hallowell, R. P. Quaker invasion of Massachusetts. Houghton : 
Boston. 1883. 

Hamilton, A. Works. Edited by H. C. Lodge. 9 vols. Putnam : 
New York. 1885-86. 

Hamilton, J. C. History of the United States traced in the writings 
of Alexander Hamilton and his contemporaries, 6 vols. Apple- 
ton: New York. 1857. 

Harding, S. B. Contest over the ratification of the federal consti- 
tution in Massachusetts (Harvard historical studies). Long- 
mans: New York. 1896. 

* Hart, A. B. American history told by contemporaries, 4 vols. 

Macmillan: New York. 1898- 

* Hart, A. B. Epoch maps illustrating American history. Long- 

mans: New York. 1892. 

Hart, A. B. Federal government. Ginn: Boston. 1891. 

*Hart, A. B. Formation of the Union (Epochs of American his- 
tory). Longmans: New York. 1892. 

Hart, A. B. Topical outline of the course in constitutional and 
political history of the United States given at Harvard College 
in 1889-91. Cambridge. 1890. 

* Hart, A. B. Practical essays on American government. Long- 

mans : New York. 1 894. 

* Harrison, B. This country of ours. Scribner: New York. 1897. 

* Harvard historical studies. Longmans : New York. 

Hearn, W. E. Aryan household: its structure and development. 

Longmans: London. 1879. 
*Hildreth, R. History of the United States, 6 vols. Harper: 

New York. 1851-56. 
♦Hinsdale, B. A. Old Northwest. MacCoun: New York. 

1891. 
Hitchcock, H. Constitutional development in the United States. 

See Cooley et al., Constitutional history. 
Hitchcock, H. State constitutions (Questions of the day series). 

Putnam: New York. 1887. 
*Hittell, T. H. History of California, 4 vols. N.J.Stone: San 

Francisco. 1897. 



250 BOOK LIST 

Hittell, J. S. History of San Francisco. Bancroft : San Francisco. 

1878. 
Hodder. Brief bibliography of municipal government. Kansas 

University Quarterly. 
Hoist, H. E. von. Constitutional history of the United States, 8 

vols. Callaghan: Chicago. 1876-92, 
Hoist, H. E. von. Constitutional law of the United States. Chicago. 

1887. 

* Hosmer, J. K. Short history of Anglo-Saxon freedom. Scrib- 

ner's: New York. 1890. 

* Howard, G. E, Local constitutional history of the United States. 

Johns Hopkins University : Baltimore. 1889. 
Jameson, J. F., editor. Essays in the constitutional history of the 

United States. Houghton: Boston. 1889. 
Jefferson, T. Writings. Edited by H. A. Washington. 9 vols. 

Washington. 1853. 
Jenckes. Civil service of the United States. Report of Joint 

Select Committee. House of Representatives, 40th Congress, 

2d session. 1868. 

* Johns Hopkins University. Studies in historical and political 

science. Edited by H. B. Adams. Johns Hopkins University : 

Baltimore. 
♦Johnston, A. American politics. Holt: New York. 1880. 
Kansas University Quarterly. Lawrence, Kansas. 

* Labberton, R. H. New historical atlas and general history. Silver, 

Burdette: New York. 1890. 
*Lalor, J. J. Cyclopedia of political science, 3 vols. Rand, 
McNally: Chicago. 1881. 

* Landon, J. S. Constitutional history and government of the 

United States. Houghton: Boston. 1889. 
Laveleye, E. de. Primitive property. 

* Lecky, W. E. H. England in the eighteenth century, 8 vols. 

Longmans: London. 1878-90. 
Libby, O. G. Geographical distribution of the vote. University 
of Wisconsin Bulletin. 1894. 

* Lodge, H. C. English colonies in America. Harper: New York. 

1881. 
Lowell Institute. Lectures. Boston. 



BOOK LIST 251 

Ludlow, J. M. War of American independence. Estes : Boston. 

1876. 
McClellan, R. G. Golden state. Flint : Philadelphia. 1876. 

* MacCoun, T. Historical geography of the United States. Silver, 

Burdette: New York. 1890. 

* MacDonald, W. Select documents illustrative of the history of 

the United States. Macmillan: New York. 1898. 

* McMaster, J. B. History of the people of the United States, 4 

vols. Appleton: New York. 1883-95. 
McMaster, J. B. With the fathers. Appleton: New York. 1896. 

* Macy, J. The English constitution : a commentary on its nature 

and growth. Macmillan: New York. 1897. 

* Madison's journal of the federal convention. Scott, Forsman, and 

Co.: Chicago. 1893. 
Madison, J. Letters and other writings, 4 vols. Lippincott : 

Philadelphia. 1867. 
Maine, Sir H. S. Village communities in the East and West. Holt : 

New York. 1876. 
Marshall, J. Lifeof George Washington, 2 vols. Philadelphia. 1854. 
Massachusetts Historical Society. Proceedings. Boston. 

* Medley, D. J. Student's manual of English constitutional history. 

Blackwell: Oxford. 1894, 

Merriam, J. M. Legislative history of the ordinance of 1787. 
American Antiquarian Society. 

Moffett, S. E. Suggestions on government. Rand, McNally : 
Chicago. 1894. 

Montgomery, D. H. Student's American history. Ginn : Boston. 
1897. 

Morris, C, editor. Half-hours with American history, 2 vols. Lip- 
pincott: Philadelphia. 1887. 

♦National Conference for Good City Government. Proceedings. 

*Niles, H. Republication of the principles and acts of the revolu- 
tion in America. Barnes: New York. 1876. 

Norman, L. Popular history of California, 2d ed. Roman : San 
Francisco. 1883. 

♦Northend, W. D. The bay colony: a civil, religious, and social 
history of the Massachusetts colony. Estes: Boston. 1896, 

* Old South leaflets. Directors. Old South meeting-house : Boston. 



252 BOOK LIST 

O'Meara, J. Broderick and Gwin: a brief history of early politics 
in California. Bacon: San Francisco. 1881. 

* O'Neil, C. A. American electoral system. Putnam : New York. 

1895. 

*Parkman, F. Montcalm and Wolfe, 2 vols. Little : Boston. 1893. 

Patterson, C. S. Federal restraint on state action : the United 
States and the states under the constitution. Johnson : Phila- 
delphia. 1888. 

Pennsylvania Historical Society. Publications. Philadelphia. 

Pierce, E. L., editor. Memoir and letters of Charles Sumner, 4 
vols. Roberts: Boston. 1893. 

Pitkin, T. Political and civil history of the United States of 
America (1763-97), 2 vols. New Haven. 1828. 

Poussin, G. T. The United States: its power and progress. 
Philadelphia. 1857. 

* Poore, B. P. Federal and state constitutions, colonial charters, 

and other organic laws of the United States, 2 vols. 2d ed., 
1878. Government Printing Office : Washington. 

* Porritt, E. The Englishman at home : his responsibilities and 

privileges. Crowell: New York. 1893. 
Porter, L. H. Outlines of the constitutional history of the United 
States. Holt : New York. 1887. 

* Preston, H. W. Documents illustrative of American history, 

1606-1863. 2d ed. Putnam: New York. 1891. 

* Public land surveys. American Book Co. : New York.- 
Quincy, J. Municipal history of the town and city of Boston dur- 
ing two centuries. Little : Boston. 1852. 

Ramsay, D, History of the United States (1607-1808), 3 vols. 

2d ed. Philadelphia. 1818. 
Rives, W. C. Life and times of James Madison, 3 vols. Little : 

Boston. 1868. 

* Roosevelt, T. Winning of the West, 4 vols. Putnam : New 

York. 1889-96. 
Rupert, W. W. Guide to the study of the history and constitution 

of the United States. Ginn : Boston. 1888. 
San Francisco Free Public Library. Bulletin. San Francisco. 
Scott, E. G. Development of constitutional liberty in the English 

colonies of America. Putnam: New York. 1882. 



BOOK LIST 253 

♦Schouler, J. Constitutional studies, state and federal. Dodd: 
New York. 1897. 

* Schouler, J. History of the United States under the constitution 

(i 783-1861), 5 vols. Dodd: New York. 1880-89. 
Schuyler, E. American diplomacy and the furtherance of com- 
merce. Scribner: New York. 1895. 

* Scudder, H. E., editor. Men and manners in America a hundred 

years ago. Scribner's: New York. 1876. 

* Sears, H. Governments of the world to-day. Flood and Vin- 

cent: Meadville, Pa, 1895. 
Seebohm, F. English village community, 3d ed. Longmans; 
London. 1884. 

* Sergeant, L., editor. Government year book : forms and methods 

of government in Great Britain, her colonies, and foreign coun- 
tries. Unwin: London. 1889. 
*Shaw, A. Municipal government in continental Europe. Cen- 
tury Co. : New York. 1895. 

* Shaw, A. Municipal government in Great Britain. Century Co. : 

New York. 1895. 
Sheldon-Barnes. American history. Heath: Boston. 1891. 

* Shinn, C. H. Mining camps : a study in American frontier gov- 

ernment. Scribner's: New York. 1885. 
*Sloane, W. M. The French war and the revolution (American 

history series). Scribner's: New York. 1893. 
Smith, G. The United States : an outline of political history, 1492- 

1871. Macmillan : New York. 1893. 
Smith, G. B. History of the English parliament, 2 vols. Ward, 

Lock, Bowden, and Co.: London. 1892. 
Smith, G. B. Romance of colonization: the United States from 

the earliest times to the landing of the Pilgrims. Dodd : New 

York. 1897. 
Smith, P. V. History of the English institutions (Historical hand- 
books). Lippincott : Philadelphia. 1874. 
Sparks, J. Life of Franklin. Boston. 1844. 
Spencer, J. A. History of the United States, — continued to 1876 

by B. J. Lossing, 4 vols. Johnson and Miles : New York. 

* Stanwood, E. History of presidential elections. Republished as 

" History of the presidency." Houghton: Boston. 1898. 



254 BOOK LIST 

* Statesman's year book. Edited by J. S. Keltie. Macmillan : 

New York. 

* Stevens, C. E. Sources of the constitution. Macmillan : New 

York. 1894. 
Stille, C. J. Life and times of John Dickinson, 1 732-1808. Lip- 

pincott: Philadelphia. 1891. 
Story, J. Commentaries on the constitution of the United States. 

Edited by T. M. Cooley, 2 vols. Little: Boston. 1873. 
Story, J. Familiar exposition of the constitution. 1840. 
Stubbs, W, Constitutional history of England, 3 vols. Clarendon 

Press: Oxford. 1880. 

* Sumner, W. G. The financier and the finances of the American 

revolution, 2 vols. Dodd: New York. 1891. 
Taylor, H. Origin and growth of the English constitution, 2 vols. 
Houghton: Boston. 1889-98. 

* Thayer, J. B. Cases on constitutional law, 2 vols. C. W. Sever : 

Cambridge, Mass. 1895. 

Thorpe, F. N. Constitutional history of the American people, 
1 776-1850, 2 vols. Harper: New York. 1898. 

*Thwaites, R. G. The colonies (Epochs of American history). 
Longmans: New York. 1891. 

*Tiedeman, C. G. The unwritten constitution of the United States. 
Putnam : New York. 1890. 

Todd, A. Parliamentary government in England : its origin, de- 
velopment, and practical operation, 2 vols. Sampson, Low, 
Marston, and Co. : I^ondon. 1892. 

Towle, N. C. History and analysis of the constitution of the United 
States, with a full account of the confederations which pre- 
ceded it. Little: Boston. 1861. 

* Traill, H. D., editor. Social England, 6 vols. Putnam: New 

York. 1897. 

*Treadwell, E. F. Charter of San Francisco, 1899. Bancroft- 
Whitney Co. : San Francisco. 1899. 

Tuthill, F. History of California. Bancroft: San Francisco. 
1866. 

* Tyler, M. C. Literary history of the revolution, 2 vols. Putnam : 

New York. 1897. 
von Hoist, H. E. See Hoist, H. E. von. 



BOOK LIST 



255 



* Walker, F. A. Making of the nation (American history series). 

Scribner's: New York. 1895. 
Washington, G. Writings. Edited by W. C. Ford. 14 vols. 
Putnam : New York. 1889. 

* Weeden, W. B. Economic and social history of New England, 

2 vols, Houghton: Boston. 1890. 
Wells, W. V. Life and public services of Samuel Adams, 3 vols. 
Little: Boston. 1865. 

* Whitaker's Almanac. London. 

Willey, S. H. History of the college of California. Carson : San 

Francisco. 1897. 
Willoughby, W. W. Government and administration in the United 

States. Johns Hopkins University. 1 891. 
Wilson, H. Rise and fall of the slave power in America, 3 vols. 

Osgood: Boston. 1872-77. 

* Wilson, W. Congressional government : a study of American 

politics, 8th ed. Houghton: Boston. 1891. 

* Wilson, W. The state : elements of historical and practical 

politics. Heath : Boston. 1890. 

* Winsor, J. Mississippi basin : the struggle in America between 

England and France. Houghton: Boston. 1895. 

* Winsor, J., editor. Narrative and critical history of America, 8 

vols. Houghton: Boston. 1886-89. 
Winsor, J., editor. Memorial history of Boston, 1 630-1 880, 4 vols. 

Osgood: Boston. 1882. 
Wirt, W. Life of Patrick Henry, 4th ed. New York. 1831. 
Wisconsin, University of. Bulletin. Madison, Wis. 

* Young, A. W. The American statesman : a political history. 

Goodspeed: New York. 1877. 



INDEX 



Abolition movement. See Sla- 
very 

Administrator, Public, powers and 
duties, 159 

Agriculture, Department of, sum- 
mary of organization, 69-70 

Alien and sedition acts, references, 
211-212 

Amendment of the Constitution, 
topics and questions, 99-100 

Anti-slavery petitions. See Slavery 

Apportionment. See House of 
Representatives 

Army, references, 239 

Assessor, powers and duties, 156- 

157 

Attorney, District, powers and du- 
ties, 156 

Attorney-General, powers and du- 
ties, 136-137 

Auditor, powers and duties, 155 

Banks, United States, references, 
224-225 

Board. See specific name, as Edu- 
cation, Board of 

Cabinet, topics and questions, 60 
California, brief outline of history, 
106-107 ; history references, 108- 
114; table of population, 107; 
valuation of property, 108 ; refer- 
ences for constitution of 1879, 
113, 117; questions on legisla- 
ture, 123-124; questions on ex- 
ecutive department, 125-129; list 



of executive officers, 128 ; duties 
of executive ofificers, 129-138; 
questions on judiciary, 139-140; 
list of counties, 148-149; county 
government, 150-175; township 
government, 189-193 

City government, general form, 
topics and questions, 193-194; 
working of city government, top- 
ics and questions, 194-195 ; his- 
tory references, 195-196; city 
government in California, 196- 
199; San Francisco, 199-203 

Civil service, references, 57-58 ; or- 
ganization of the United States 
executive departments, 61-74 

Clerk, County, powers and duties, 

154-155 
Coinage legislation, references, 238- 

239 

Colonies, references on early his- 
tory, 1-4; on industry and trade, 
5 ; on culture and society, 6 ; on 
political institutions, 7. See also 
Revolution 

Commerce of the United States, 
references, 239. See also Trade. 

Confederation, articles of, summary, 
24-28 ; references for full text, 28 ; 
proceedings in adoption, 29-30; 
references for the period, 30-31 

Confederation, New England, sum- 
mary of articles, 9-10; refer- 
ences, lO-II 

Congress. See also House of Rep- 
resentatives, Senate. Powers and 



257 



258 



INDEX 



methods, topics, 82; legislation, 
topics, 82; finances, topics, 82; 
relation of the two houses, topics, 
82; questions on Congress, 83- 
84; mode of publication of laws, 
84-85 ; relation to the President, 
topics, 86-87 

Congress, Continental, summary of 
Declaration of Rights, 20-21 

Congress, Stamp Act, summary of 
Declaration of Rights, 19 

Constables, duties, 192 

Constitution, United States, origin, 
topics and questions, 33-34 ; ref- 
erences on origin, 34; constitu- 
tional convention, references, 34- 
37 ; questions on text, 37-41 ; 
references to commentaries, 41- 
42 ; references on ratification, 42- 
44; constitutional development, 
topics and quesdons, 99-102; 
amendment, topics and ques- 
tions, 99-100; results of develop- 
ment, topics and questions, 102 ; 
theories and interpretation, ref- 
erences, 208-211 

Constitutions, State, references on 
origin, 114-115; contents, topics 
and questions, 116; relation of 
the people to State constitutions, 
topics and questions, 117-118 ; 
direct legislation, topics, 118 

Controller, State, powers and du- 
ties, 134-135 

Convention, the constitutional, of 
1787, references, 34-37. See also 
Nominating conventions 

Coroner, powers and duties, 156 

County. See also names of county 
offices. List of California coun- 
ties, 148-149 ; government of 
California counties, 150-175 ; list 
of offices, 152 ; powers and du- 
ties of officers, 153-159 ; subdi- 
visions of counties, 161-162; 
finances, tables and reports, Ala- 



meda county, California, 164- 
174 ; directory of county officers, 
167-170; receipts and disburse- 
ments, Alameda county, Califor- 
nia, 170-174 ; history of county 
government, references, 177-178 

Courts, the Federal, topics and 
questions, 88-89; the courts and 
the constitution, topics and ques- 
tions, 90 ; working of the courts, 
topics and questions, 90-91 ; list 
of noted decisions and references, 
91-94 

Courts, Justices', jurisdiction of, 
192 

Courts, State. See Judiciary, State. 

Courts, Superior, jurisdiction of, 
159-160 

Democracy, questions on public 
opinion, 241-242, references, on 
democracy, 242 

Districts, irrigation, 162; road, 162; 
sanitary, 162 ; supervisor, 152, 162 

Education, Board of, in Califor- 
nia county, 158-159 
Election of President, references, 

56 

Embargo acts, references, 217 

English legislation for America, 
references, 16-17 

Executive Departments. See also 
Cabinet, Civil Service, Federal 
Government, President, State De- 
partment, etc. Summary of or- 
ganization, 61-71 ; references, 71- 
72 ; questions on the work of 
the departments, 72-74; Con- 
gress and the departments, 
topics and questions, 86-87 

Executive, State, topics and ques- 
tions, 125-127 ; list of offices and 
commissions in California, 128 ; 
duties of executive officers, 129- 
138 



INDEX 



259 



Federal Government, nature of 
the, topics and questions, 46-47 
executive department, 55-75 
legislative department, 75-86 
the legislature and the executive, 
86-88 ; judicial department, 88- 
94; the federal system, 95-99 

Federalism, defects and merits, 
topics and questions, 98; refer- 
ences on other federal states, 99 

Finance, congressional manage- 
ment, topics, 82. See also State 
finance. 

Foreign policy of the United States, 
references, 218-221 

Franklin's plan of union, sum- 
mary, 14; references, 15 

Governor, powers and duties, 
129-132; list of appointments, 
California, 131-132 

Hartford convention, references, 
218 

House of Representatives. See also 
Congress. Topics and ques- 
tions, 77-79 ; table of apportion- 
ment, 80-81; questions on ap- 
portionment, 82 



Implied powers, references on 
doctrine, 210-211 

Independence, Declaration of, ref- 
erences, 23-24 

Industry, colonial, references, 5 

Institutions, colonial, references, 
7; local. See also City, County, 
Township 

Interior Department, summary of 
organization, 67-68 

Internal improvements, policy of, 
references, 215-216 

Judiciary, State. See also Courts, 
Justices of the Peace. Topics 
and questions, 138-140 



Juries, classification and descrip- 
tion, 160-161 

Justice, Department of, summary 
of organization, 69 

Justices of the Peace, in California 
township, 191 ; jurisdiction of jus- 
tices' courts, 192 

Kansas, struggle over slavery, 

references, 232-233 
Kentucky resolutions, references, 

211-212 

Land system, questions and ref- 
erences, 50-51 

Legal-Tender legislation, refer- 
ences, 237-238 

Legislation, direct, in State consti- 
tutions, topics and questions, 
118 

Legislation, United States. See 
Alien and Sedition Acts, Coinage, 
Embargo Acts, Legal-Tender, 
Tariff, etc. 

Legislative Department. See Con- 
gress, Legislature 

Legislature, State, topics and ques- 
tions, 120-124 

Local government, general system, 
topics and questions, 146-147. 
See also County, Township 

Ministry, references on English 
system, 87-88 

Municipalities. See City Govern- 
ment 

Nation and the States, topics and 
questions, 33; present unifying 
forces, questions, 53 

Navy, references, 239-240 

Navy Department, summary of or- 
ganization, 66-67 

New England confederation. See 
Confederation 

New England's threats of seces- 



260 



INDEX 



sion, war of 1812, references, 217- 

218 
Nominating conventions, questions 

and references, 240-241 
Non-importation agreement, 17-19. 
Nullification, references, 212-214 

Ordinance of 1787, references, 
52-53; references for full text, 
53 

Parties, political, questions and 
references, 204; history to 1830, 
references, 205-208; history from 
1830 to Civil War, references, 
221-223; rise of Republican 
party, references, 233; history 
since Civil War, references, 234- 

23s 

Penn's plan of union, summary, 
13-14; references, 14 

Politics. See Parties, Nominating 
conventions 

Politics, State, topics and Ques- 
tions, 144 

Population, distribution in the 
United States, references, 48 

Post-Ofifice Department, summary 
of organization, 68-69 

President, topics and questions, 
55-57, 59-60; history of elec- 
tions, references, 56; powers and 
duties, topics and questions, 56- 
57 ; discussion of the office, top- 
ics and questions, 59-60 

Procedure, outline of legal, 175- 
176 

Recorder, County, powers and 
duties, 155. 

Representatives. See House. 

Revenue system of the United 
States, references, 227-228, 236- 
237. See also Legal-Tender 

Revolution. See also Indepen- 
dence. English legislation after 



1763, references, 16-17; non- 
importation agreement, 17-19 ; 
principles of the revolution, 19-23 

San Francisco, description of 
government, 199-200 ; record 
of charters, 199-201 ; charter of 
1899, references, 202; history 
references, 202-203 

Secretary of State (state officer), 
powers and duties, 133-134 

Senate, United States. See also 
Congress. Topics and Ques- 
tions, 75-77; working of the 
Senate, topics and questions, 76- 

77 

Sheriff, powers and duties, 154 

Slavery, anti-slavery petitions to 
Congress before 1830, references, 
216 ; territorial and slavery ques- 
tions, references, 228-229; Mis- 
souri compromise, references, 
229-230; Wilmot proviso and 
compromise of 1850, references, 
231-232; struggle in Kansas, 
232-233 

State Department, summary of or- 
ganization, 61-62 

State finance, topics and questions, 
140-142 

State governments, working of, 
topics and questions, 142-143 ; 
faults and their remedies, topics 
and questions, 143 

States, questions on admission of 
new States, 48 ; questions on area 
and boundaries, 48 ; relation to 
the Union, topics and questions, 
95-98 ; nature of the States, topics 
and questions, 105-106 ; organiza- 
tion, topics, 114; history refer- 
ences, I I 9-1 20 

Superintendent of Public Instruc- 
tion, powers and duties, 138 

Superintendent of Schools, county, 
powers and duties, 158 



INDEX 



261 



Supervisors, county, election, 152; 

powers and duties, 153 
Surveyor, County, powers and 

duties, 156 
Surveyor-General, powers and 

duties, 137-138 

Tariff history, the tariff and 
nullification, references, 212-214; 
tariff legislation to i860, refer- 
ences, 225-227 ; war tariffs and 
recent changes, references, 235- 
236 

Taxation, rates of, table of Cali- 
fornia counties, 148-149 ; in Ala- 
meda county, California, 164 

Territory, growth of the United 
States, questions, 47 ; references, 
49-50. See also Land 

Territories, system of, topics and 
questions, 52. See also Ordinance 
of 1787 

Trade, colonial, references, 5. See 
also Commerce. 

Treasurer, State, powers and duties, 
135-136 

Treasurer, County, powers and 
duties, 154; balance-sheet, Ala- 
meda county, California, 165-167 



Treasury Department, summary of 
organization, 62-65 

Town-meeting, description of 
modern, references, 180; town 
warrant, Andover, Mass., 180- 
185 

Township, early history, references, 
178-179 ; history in New Eng- 
land, references, 179-180; town- 
ship in California, 161, 189-191 ; 
history references, 191 ; judicial 
organization, 191-193 

Union, formation of, references, 
9-31 ; plans of colonial union, 11- 
15 ; references on plans, 13-15 ; 
obstacles in the way of union, 
references, 15 

United States. See Colonies, Ter- 
ritory, Union 

Virginia and Kentucky resolu- 
tions, references, 211-212 

War Department, summary of 

organization, 65-66 
Webster-Hayne debate, references, 

214-218 



The American Commonwealth. 



BY THE 



Right Hon. JAMES BRYCE, D.C.L., 

Author of "The Holy Roman Empire"; M.P. for Aberdeen. 

Third Edition, Revised Throughout. In Two Volumes. 



Large i2mo. $4.00, net. Abridged Edition, in one volume, $1.75, net. 



PRESS NOTICES. 

" His work rises at once to an eminent place among studies of great nations and 
their institutions. It is, so far as America goes, a work unique in scope, spirit, and 
knowledge. There is nothing like it anywhere extant, nothing that approaches 
it. . . . Without exaggeration it may be called the most considerable and gratify- 
ing tribute that has yet been bestowed upon us by an Englishman, and perhaps by 
even England herself. . . . One despairs in an attempt to give, in a single news- 
paper article, an adequate account of a work so infused with knowledge and spark- 
Hng with suggestion. . . . Every thoughtful American will read it and will long 
hold in grateful remembrance its author's name." — The New York Times. 

" Written with full knowledge by a distinguished Englishman to dispel vulgar 
prejudices and to help kindred people to understand each other better, Professor 
Bryce's work is in a sense an embassy of peace, a message of good-will from one 
nation to another." — The Times, London. 

" This work will be invaluable . . . to the American citizen who wishes something 
more than a superficial knowledge of the political system under which he lives and 
of the differences between it and those of other countries. . . . The fact is that no 
writer has ever attempted to present so comprehensive an account of our political 
system, founded upon such length of observation, enriched with so great a mass of 
detail, and so thoroughly practical in its character. . . . We have here a store- 
house of political information regarding America such as no other writer, American 
or other, has ever provided in one work. ... It will remain a standard even for 
the American reader." — New York Tribune. 

" The book should be known by every American who wishes to understand his 
own country. ... It is by far the most able, sincere, candid, and impartial study 
of the condition of the United States that has ever appeared since De Tocqueville's 
memorable work." — Boston Beacon. 

THE AMERICAN COMMONWEALTH. Abridged Edition. For the use 
of Colleges and High Schools. Being an Introduction to the Study of 
the Government and Institutions of the United States. One Vol. Crown 
8vo. ;Si.75, net. 

THE MACMILLAN COMPANY, 

66 FIFTH AVENUE, NEW YORK. 



THE UNITED STATES. 

AN OUTLINE OF POLITICAL HISTORY, 1492-1871, 



BY 



GOLDWIN SMITH, D.C.L. 



With Map. Crown 8vo. $2.00. 



PRESS COMMENTS. 

" Is a literary masterpiece, as readable as a novel, remarkable for its compression 
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political history from Columbus to Grant in 300 duodecimo pages of open type, 
or would have manifested greater candor in his judgment of men and events in a 
period of four centuries ? It is enough to say that no one before Mr. Smith has 
attempted the feat, and that he has the field to himself." — The Nation. 

" It is a marvel of condensation and lucidity. In no other book is the same field 
covered so succinctly and so well. Of the five chapters, the first deals with the 
Colonial epoch, the second with the Revolutionary period, the third and fourth 
review the history of the Federal Government to the outbreak of the Civil War, 
and the fifth depicts the era of rupture and reconstruction. We have marked cer- 
tain passages for extract, but the truth is that almost every page is enriched with 
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"To say that nothing comparable with this most instructive and enchanting 
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" Professor Goldwin Smith always writes with a trenchant pen, but he has never 
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New York Times. 

THE MAGMILLAN COMPANY, 

66 FIFTH AVENUE, NEW YORK. 






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